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PUBLICATION NO. 185
School Legislation
SESSION 1935
AND
CERTAIN LAWS OF
1931 and 1933
Issued by the
State Superintendent of Public Instruction
Raleigh, North Carolina
CONTENTS
LAWS OP 1935
Page
An Act to provide for the administration and operation of a uniform
system of public schools of the State for the term of eight months
without the levy of an ad valorem tax therefor, (c. 455).. 5
An Act to appoint certain members of the boards of education of the
respective counties of North Carolina, fix their terms of office, and
limit compensation at State expense, (c. 296) 17
An Act to amend Chapter two hundred and two, Public Laws of one
thousand nine hundred and thirty-three, relating to the appointment
and election of county superintendents of public instruction and
district school committeemen, and to re-enact the said law. (c. 144) 21
An Act to authorize the transfer of school district sinking funds to
county treasurers, (c. 242) 22
An Act to provide the issuance of school district refunding and fund-ing
bonds, (c. 450) 23
An Act providing for the funding or refunding of principal and interest
of loans made from the State Literary Fund and from any Special
Building Fund of the State, (c. 399) 24
An Act to provide for the collection of delinquent amounts due the State
Literary and School Building Revolving Fund from the various
counties, (c. 411 ) 24
An Act to provide compensation for school children killed and/or
injured whlie riding on a school bus to and from the public schools
of the State: and to authorize the State School Commission to set
aside certain funds for that purpose out of which medical and hos-pital
expenses and death claims shall be paid. (c. 245) 25
An Act to require any person, partnership, association of persons, or
corporation that may hereafter be organized as business schools in
North Carolina to comply with their contracts with the students, etc.,
who matriculate with them for the purpose of taking commercial
courses in accounting, bookkeeping, stenography, stenotypy, telegra-phy,
typing and other branches generally included in the curriculum
of such schools; to require such institutions, before collecting fees,
tuition, and other expenses from students who desire to take such
courses in such institutions, to enter into a bond executed by stand-ard
and solvent guaranty companies guaranteeing the refund of
such fees, tuition, and other expenses as are paid in case the pro-moters,
officers, and agents of such institutions fail to comply with
their contract; to provide penalties for failure to refund to any
student the amounts whenever the promoters, officers, and agents
of such institutions fail to comply with their contract to give and
furnish training in commercial courses according to the contract
entered into. (c. 255) 27
An Act to provide a rental system for text-books used in the public
schools of the State and to promote economy and efficiency in the
adoption of text-books, (c. 422) 29
An Act to incorporate the North Carolina Thrift Society. (1933, c. 385;
19 35, c. 489) 31
An Act to provide instruction in thrift and saving in the public schools
of the State. (1933, c. 481; 1935, c. 489) 33
An Act to require the public schools of the State to furnish adequate
and scientific instruction in the subject of alcoholism and narcotism.
(1929, c. 96; 1935, c. 404) 33
LAWS OF 1933
An Act to promote further efficiency in public schools. (1933, c. 220) 35
Advertisement and sale of school property. (1923, c. 136, s. 62; 1933,
c. 494) 35
Text-books for elementary grades. (1923, c. 136, art. 30; 1933, c. 464) 36
LAWS OF 1931
An Act to promote economy and efficiency in the operation of the public
high schools of the State of North Carolina by providing for a uniform
adoption of high school text-books. (19 31, c. 430) 40
An Act to prevent the awarding of contracts by board or officers of
counties, cities, towns or other sub-divisions of the State until com-petitive
bids are received therefor. (1931, c. 338) 41
Vacancies in office of county board of education. (1923, c. 136, s. 16;
1931, c. 380, ss. 1, 2) 43
Mental incapacity an excuse for non-attendance. (C. S. Ill, 5758;
1931, c. 453, s. 1; 194 N. C, 620) 44
SCHOOL LEGISLATION
ENACTED BY THE GENERAL ASSEMBLY SESSION 1935
AND CERTAIN LAWS OF 1931 AND 1933
AN ACT TO PROVIDE FOR THE ADMINISTRATION AND OPERATION
OF A UNIFORM SYSTEM OF PUBLIC SCHOOLS OF THE STATE FOR
THE TERM OF EIGHT MONTHS WITHOUT THE LEVY OF AN AD
VALOREM TAX THEREFOR.
The General Assembly of North Carolina do enact:
Section 1. Appropriation. That the appropriation made under title
nine of "An Act to Make Appropriations for the Maintenance of the State's
Departments, Bureaus, Institutions, and Agencies, and for Other Purposes"
of the sum of twenty million thirty-one thousand ($20,031,000) dollars
"for the support of the eight-months' term public schools" for the year
ending June thirtieth, one thousand nine hundred thirty-six, and the sum
of twenty million nine hundred thousand ($20,900,000) dollars "for the
support of the eight-months' term public schools" for the year ending June
thirtieth, one thousand nine hundred thirty-seven, shall be apportioned
for the operation of an eight-months' State-wide school term as herein-after
provided.
Sec. 2. State School Commission The State School Commission shall be
constituted as follows: The Lieutenant-Governor as ex-officio Chairman,
the State Superintendent of Public Instruction as Vice-Chairman, the State
Treasurer, and one member from each congressional district to be ap-pointed
by the Governor. The said appointive members shall serve for a
period of two years from the time of their appointment and receive such
compensation as now provided by law. All the powers and duties hereto-fore
conferred by law upon the State Board of Equalization, and the State
School Commission, together with such other powers and duties as may
be conferred by this Act, shall be vested in the State School Commission.
The said School Commission may appoint an Executive Secretary who shall
select other employees necessary for the proper administration of this Act
to be approved by the State School Commission, subject to provisions of
Chapter two hundred seventy-seven, Public Laws of one thousand nine
hundred and thirty-one. The cost and expenses of said Commission shall
be paid out of the appropriation made for the public schools as provided in
Section one of this Act.
Section two of Chapter five hundred sixty-two, Public Laws of one thou-sand
nine hundred and thirty-three, is hereby repealed.
Sec 3. Duties of the Commission. In addition to the duties and powers
vested in the State School Commission as set out in Section two of this Act,
together with such other powers as may be conferred by law, it shall be
the duty of the said Commission, in accordance with the provisions of this
Act, to administer funds for the operation of the schools of the State for
one hundred sixty days on standards to be determined by said Commission
and within the total appropriation made available by the General Assembly.
Sec. 4. Length of School Term. That the six months' school term re-quired
by Article nine of the Constitution is hereby extended to embrace
a total of one hundred sixty days of school in order that there shall be
operated in every county and district in the State, which shall request the
same, a uniform term of eight months: Provided, that the State School
Commission, or the governing body of any administrative unit, may suspend
the operation of any school or schools in such unit, not to exceed a period
of forty days of said consolidated term, when in the sound judgment of
said Commission, or the governing body of any administrative unit, the
low average in any school does not justify its continuance, or necessity
may require it: Provided, that all schools served by the same school bus
or busses shall have the same opening date. Provided further, that any
balance of the State funds which may have been allocated to operate the
said consolidated term, not actually operated as planned, shall be and
remain in the State Treasury and become a part of the State School Fund
for the next succeeding year.
A school month shall consist of four weeks and not less than twenty
teaching days, no day of which shall be a Saturday, unless in case of
emergency, and subject to the approval of the local committee; and salary
warrants for the payment of all State teachers, principals, and others
employed for the school term shall be issued each school month to such
persons as are entitled to same. The salaries of superintendents and others
employed on an annual basis shall be paid per calendar month.
Sec. 5. ScJwol Organization. The State School Commission, in making
provision for the operation of the schools, shall classify each county as an
administrative unit and shall, with the advice of the County Board of Edu-cation,
make a careful study of the existing district organization in each
county administrative unit and may modify such district organization when
deemed necessary for the economical administration and operation of the
State school system and shall determine whether there shall be operated
in such district an elementary or a union school. Provisions shall not be
made for a high school with an average daily attendance of less than sixty
pupils, nor an elementary school with an average daily attendance of less
than twenty-five pupils, unless geographic conditions make it impracticable
to provide for them otherwise.
Any distx'ict having a school population of one thousand or more for the
school year one thousand nine hundred thirty-four - one thousand nine
hundred thirty-five in which a special charter district was operated for the
school year one thousand nine hundred thirty-two - one thousand nine
hundred thirty-three may, with the approval of the State School Commis-sion,
be classified as a city administrative unit, and, together with such
city administrative units as now constituted, shall be dealt with by the
State School authorities in all matters of school administration in the
same way and manner as are county administrative units: Provided, that
in all city administrative units as now constituted, or which may hereafter
be established by the said School Commission, the trustees of the said
special charter district, and their duly elected successors, shall be retained
as the governing body of such district; and the title to all property of the
said special charter district shall remain with such trustees, or their suc-
6
cessors: Provided, that nothing in this Act shall prevent city administra-tive
units, as now established or which hereafter may be set up, from con-solidating
with the county administrative unit in which such city adminis-trative
unit is located, upon petition of the trustees of the said city ad-ministrative
unit and the approval of the county board of education and
the county board of commissioners in said county: Provided, further, that
in the event of such consolidation, all property vested in the trustees of
such city administrative units shall be transferred to and become the
property of the county board of education in said county: Provided, fur-ther,
that nothing in this Act shall affect the right of any special charter
district, or special tax district which now exists for the purpose of retiring
debt service, to have the indebtedness of such district taken over by the
county as provided by existing law, and nothing herein shall be construed
to restrict the county board of education and /or the board of county com-missioners
in causing such indebtedness to be assumed by the county as
provided by existing law. Provided, that nothing in this Act shall be
construed to prevent the State School Commission from establishing a city
administrative unit in school districts which have a resort town in said
district: Provided, said district had a school enrollment of not less than
eight hundred fifty for the school year one thousand nine hundred thirty-four
- one thousand nine hundred thirty-five.
Sec. 6. Administrative Officers. The administrative officer in each of
the units designated by the State School Commission shall be a county
superintendent of schools for a county administrative unit and a city
superintendent of schools for a city administrative unit. The salaries of
county superintendents and city superintendents shall be in accordance
with a State standard salary schedule to be fixed and determined by the
State Board of Education and the State School Commission as provided
for in Section twelve of this Act: Provided, that it shall be lawful for the
county superintendent of schools in any county, with the approval of the
State Superintendent of Public Instruction, to serve as principal of a
high school of said county; and the sum of not exceeding three hundred
dollars ($30 0.00), to be paid from State instructional service funds, may
be added to his salary and shall be included in the budget approved by
the State School Commission: Provided, further, that a county superinten-dent
may also be elected and serve as a city superintendent in any city ad-ministrative
unit in the county which he serves as county superintendent:
Provided further, that a county superintendent may serve as welfare officer
and have such additional compensation as may be allowed by the county
commissioners of such county, to be paid from county funds, subject to
the approval of the State School Commission.
At a meeting to be held the first Monday in May, one thousand nine
hundred thirty-five, or as soon thereafter as practical, and biennially there-after
during the month of May, the various county boards of education shall
meet and elect a county superintendent of schools, subject to the approval
of the State Superintendent of Public Instruction and the State School
Commission, who shall take office July first and shall serve for a period
of two years, or until his successor is elected and qualified. A certification
to the county board of education by the State Superintendent of Public
Instruction showing that the person proposed for the office of county
superintendent of schools is a graduate of a four-year standard college,
or at the present time holds a superintendent's certificate, and has had
three years' experience in school work in the past ten years, together with
a doctor's crtificate showing the person to be free from any contagious
disease, shall make any citizen of the State eligible for this office.
In all city administrative units, the superintendent of schools shall be
elected by the board of trustees, or other school governing agency of such
unit, to serve for a period of two years; and the qualifications, approval,
and date of election shall be the same as for county superintendents. The
city superintendent is hereby made ex-officio secretary to the governing
body of said city administrative unit.
At its first regular meeting in April, or as soon thereafter as practicable,
the board of trustees, or other governing board of a city administrative
unit, shall elect principals, teachers, and other necessary employees of the
schools within said unit on the recommendation of the city superintendent.
Sec. 7. School Committees. At the first regular meeting during the
month of May, one thousand nine hundred thirty-five, or as soon there-after
as practical, and biennially thereafter, the county boards of edu-cation
shall elect and appoint school committees for each of the several
districts in their counties consisting of not less than three nor more than
five persons for each scnool district, whose term of office shall be for two
years: Provided, that in the event of death or resignation of any member
of said school committee, the county board of education shall be em-powered
to select and appoint his or her successor to serve the remainder
of the term. The said district committee shall select the teachers and
principals for the schools of the districts subject to the approval of the
county superintendent and the county boards of education: Provided fur-ther,
that the county board of education may appoint an advisory com-mittee
of three members for each school building in the said school
district, who shall care for the school property, advise with the district
committee in recommending teachers, and such other duties as may be
defined by the county board of education.
Sec. 8. Organisation Statement and Allotment of Teachers. On or be-fore
the twentieth day of May in each year, the several administrative
officers shall present to the State School Commission a certified statement
showing the organization of the schools in their respective units, together
with such other information as said Commission may require. The organi-zation
statement as filed for each administrative unit shall indicate the
length of term the State is requested to operate the various schools for
the following school year, and the State shall base its allotment of funds
upon such request. On the basis of such organization statement, together
with all other available information, and under such rules and regulations
as the State School Commission may promulgate, the State School Com-mission
shall determine for each administrative unit, by districts and
races, the number of elementary and high school teachers to be included
in the State budget.
It shall be the duty of the governing body in each administrative unit,
after the opening of the schools in said unit,to make a careful check of
the school organization and to request the State School Commission to
make changes in the allocation of teachers to meet requirements of the
said unit.
Sec. 9. Objects of Expenditure. The appropriation of State funds, as
provided under the provisions of this Act, shall be used for meeting the
costs of the operation of the public schools, as determined by the State
School Commission, for the following items:
1. General Control
—
a. Salaries of superintendents
b. Travel of superintendents
c. Salaries of clerical assistants for superintendents
d. Office expense of superintendents
e. Per diem county boards of education in the sum of one hundred
dollars to each county
f. Audit of school funds
2. Instructional Service
—
a. Salaries for white teachers, both elementary and high school
b. Salaries for colored teachers, both elementary and high schcool
c. Salaries of white principals
d. Salaries of colored principals
e. Instrutcional supplies
3. Operation of Plant
—
a. Wages of janitors
b. Fuel
c. Water, light and power
d. Janitors' supplies
e. Telephone expense
4. Auxiliary Agencies
a. Transportation
(1) Drivers; and contracts
(2) Gas, oil, and grease
(3) Mechanics
(4) Parts, tires, and tubes
(5) Replacement buses
(6) Compensation for injuries and/or death of school children
as now provided by law
b. Libraries
In allotting funds for the items of expenditure hereinbefore enumerated,
provision shall be made for a school term of only one hundred sixty days,
and for those employees, only, who are paid wholly or in part from State
funds, in accordance with the provisions of this Act.
The State School Commission shall effect all economies possible in pro-viding
State funds for the objects of General Control, Operation of Plant,
and Auxiliary Agencies, and after such action shall have authority to
increase or decrease on a uniform percentage basis the salary schedule of
teachers, principals, and superintendents in order that the appropriation
of State funds for the public schools may insure their operation for the
length of term provided in this Act.
It shall be unlawful for any ad valorem taxes to be levied for the opera-tion
of the public school term except as hereinafter provided.
9
The objects of expenditure designated as Maintenance of Plant and
Fixed Charges shall be supplied from funds required by law to be placed
to the credit of the public school fund of the county and derived from fines,
forfeitures, penalties, dog taxes, and poll taxes, and from all other sources
except State funds: Provided, that when necessity shall be shown, the State
School Commission may approve the use of such funds in any administra-tive
unit to supplement any object or item of the current expense budget;
and in such cases, the tax levying authorities of the county administrative
unit shall make a sufficient tax levy to provide the necessary funds for
Maintenance of Plant, Fixed Charges, and Capital Outlay: Provided, fur-ther,
that the tax levying authorities in any county administrative unit,
with the approval of the State School Commission, may levy taxes to pro-vide
necessary funds for teaching vocational agriculture and home eco-nomics
and trades and industrial vocational subjects supported in part
from Federal Vocational Education funds: Provided, that nothing in this
Act shall prevent the use of Federal and/or privately donated funds which
may be made available for the operation of the public schools under such
regulations as the State Board of Education may provide.
Sec. 10. State Budget Estimate. The State budget estimate shall be
determined by the State School Commission for each county and city ad-ministrative
unit by ascertaining the sum of the objects of expenditure
according to and within the limits fixed by this Act, and within the mean-ing
of the rules and regulations promulgated by the State School Commis-sion;
and the certification of same shall be made to each county superin-tendent,
city superintendent, and the State Superintendent of Public In-struction
on or before June first of each year.
Sec. 11. Salary Costs. That upon receipt of notice from the State
School Commission of the total number of teachers, by races and for
county and city administrative units separately, the State Superintendent
of Public Instruction shall then determine, in accordance with the schedule
of salaries established, the total salary cost in each and every administra-tive
unit, for teachers, principals, and superintendents to be included in the
State budget for the next succeeding fiscal year for the consolidated school
term as herein defined. This amount, as determined from a check of the
costs for the preceding year with adjustments resulting from changes in
the allotment of teachers, shall be certified to the State School Commission,
together with the number of elementary and high school teachers and
principals employed in accordance with the provisions of this Act, sepa-rately
by races, and for city and county administrative units.
Sec. 12. State Standard Salary Schedule. The State Board of Educa-tion
and the State School Commission shall fix and determine a State
Standard Salary Schedule for teachers, principals, and superintendents,
which shall be the maximum standard State salaries to be paid from State
funds to the teachers, principals, and superintendents; and all contracts
with teachers and principals shall be made locally by the county boards
of education and/or the governing authorities of city administrative units,
giving due consideration to the peculiar conditions surrounding each em-ployment,
the competency and experience of the teacher or principal, the
amount and character of work to be done, and any and all other things
10
which might enter into the contract of employment, and shall also take
into consideration the grade of certificate such teacher or principal holds:
Provided, however, that the compensation contracted to be paid out of the
State funds to any teacher or principal shall be within the maximum salary
limit to be fixed by the State Board of Education and the State School
Commission, as above provided, and within the allotment of funds as made
to the administrative unit for the item of instructional salaries: Provided,
further, that no teacher or principal shall be required to attend summer
school during the years one thousand nine hundred thirty-five and one
thousand nine hundred thirty-six, and the certificate of such teacher or
principal as may have been required to attend such school shall not lapse
but shall remain in full force and effect, and all credits earned by summer
school and/or completing extension course or courses shall not be impaired
but shall continue in full force and effect.
It shall be the duty of the county boards of education and/or the govern-ing
bodies of city administrative units to cause written notice to be given
to teachers, principals, and superintendents, within thirty days after the
close of the school term, who have not been re-elected for the ensuing
school term: Provided, that such notice shall- not be required to be given
in the year one thousand nine hundred thirty-five except within thirty days
after the election of the district committees provided for in Section seven
herein.
In the employment of teachers, no rule shall be made or enforced on the
ground of marriage or non-marriage.
Sec. 13. Principals Allowed. In all schools with fewer than fifty teach-ers
allowed under the provisions of this Act, the principal shall be included
in the number of teachers allowed. In schools with fifty or more teachers,
one whole-time principal shall be allowed; and for each forty teachers
in addition to the first fifty, one additional whole-time principal, when and
if actually employed, shall be allowed: Provided, that in the allocation of
State funds for principals, the salary of white principals shall be deter-mined
by the number of white teachers employed in the white schools; and
the salary of colored principals shall be determined by the number of
colored teachers employed in the colored schools.
Sec. 14. Local Supplements. The county board of education in any
county administrative unit and the school governing board in any
city administrative unit with the approval of the tax levying authorities in
said county or city administrative unit, and the State School Commission,
in order to operate the schools of a higher standard than that provided by
State support, but in no event to provide for a term of more than one
hundred eighty days, may supplement any object or item of school expendi-ture:
Provided, that before making any levy for supplementing State bud-get
allotments, an election shall be held in each administrative unit to
determine whether there shall be levied a tax to provide said supplemental
funds, and to determine the maximum rate which may be levied therefor.
Upon the request of the county board of education in a county administra-tive
unit and/or the school governing authorities in a city administrative
unit, the tax levying authorities of such unit shall provide for an election
11
to be held under laws governing such elections as set forth in Articles
XXIII, XXIV and XXVI of Chapter ninety-five of the Consolidated Statutes
of North Carolina, Volume three: Provided, that the rate voted shall remain
the maximum until revoked or changed by another election.
Sec. 15. Local Budgets.
a. The request for funds to supplement State school funds, as permitted
under the above conditions, shall be filed with the tax levying authorities
in each county and city administrative unit on or before the fifteenth day
of June on forms provided by the State School Commission. The tax levy-ing
authorities in such units may approve or disapprove this supplemental
budget in whole or in part, and upon the approval being given, the same
shall be submitted to the State School Commission, which shall have the
authority to approve or disapprove any object or item contained therein.
In the event of approval, by the State School Commission, the same shall
be shown in detail upon the minutes of said tax levying body, and a
special levy shall be made therefor, and the tax receipt shall show upon
the face thereof the purpose of said levy.
b. In the same manner and at the same time, each county and/or city
administrative unit may file a Capital Outlay budget, subject to the ap-proval
of the tax levying authorities and the State School Commission.
c. In the same manner and at the same time, each county and/or city
administrative unit shall file a Debt Service budget, which shall include
Debt Service budgets of special bond tax districts, as set forth in Section
sixteen of this Act, and which shall be subject to the approval of the tax
levying authorities in each such unit and the State School Commission:
Provided, that nothing in this act shall prevent counties, local taxing dis-tricts,
and/or special charter districts from levying taxes to provide for
Debt Service requirements.
The tax levying authorities in each of the above named units filing bud-gets
from local funds shall report their action on said budgets on or before
the fifteenth day of July, and the same shall be reported to the State School
Commission on or before the first day of August. The action of the State
School Commission on all requests for local funds budgets shall be reported
to boards of education and/or school governing authorities of city adminis-trative
unite and the tax levying authorities in such units on or before the
first day of September.
All county-wide school funds shall be apportioned to county and city
administrative units and distributed monthly on a per capita school enroll-ment
basis.
Sec. 16. School Indebtedness. If a boundary, territorial district, or
unit in which a special bond tax has heretofore been voted or in any way
assumed prior to July first, one thousand nine hundred thirty-three, has
been or may be divided or consolidated, and the whole or a portion of which
has been or may be otherwise integrated with a new district so established
under any reorganization and/or redistricting, such territorial unit,
boundary, or district, special taxing or special charter, which has been
abolished for school operating purposes, shall remain as a district for the
12
purpose of the levy and collection of the special taxes theretofore voted in
any unit, boundary, or district, special taxing or special charter, for the
payment of bonds issued and/or other obligations so assumed, the said
territorial boundary, district, or unit shall be maintained until all neces-sary
taxes have been levied and collected therein for the payment of such
bonds and/or other indebtedness so assumed. Such boundary, unit, or
district shall be known and designated as the -
"Special Bond Tax Unit" of County.
All uncollected taxes which have been levied in the respective school dis-tricts
for the purpose of meeting the operating costs of the schools shall re-main
as a lien against the property as originally assessed and shall be col-lectible
as are other taxes so levied, and upon collection, shall be made a
part of the Debt Service fund of the special bond tax unit, along with such
.other funds as may accrue to the credit of said unit; and in the event there
is no Debt Service requirement upon such district, all amounts so collected
for whatever purpose shall be covered into the county treasury to be used
as a part of the county Debt Service for schools: Provided, that unpaid
teachers' vouchers for the year in which the tax was levied shall be a prior
lien: Provided further, that nothing in this Act shall be construed as
abolishing special taxes voted in any city administrative unit since July
first, one thousand nine hundred thirty-three.
Sec. 17. The Operating Budget. It shall be the duty of the county board
of education in each county and the school governing authorities in each
city administrative unit, upon receipt of the tentative allotment of State
funds for operating the schools and the approval of all local funds budgets,
including supplements to State funds for operating schools of a higher
standard, funds for extending the term, funds for Debt Service, and funds
for Capital Outlay, to prepare an operating budget on forms provided by
the State and file the same with the State Superintendent of Public Instruc-tion
and the State School Commission on or before the first day of October.
Each operating budget shall be checked by the State School Commission
to ascertain if it is in acordance with the allotment of State funds and the
approval of local funds; and when found to be in accordance with same,
shall be the total school budget for said county or city administrative unit.
Sec. 18. Bonds. That the State School Commission, subject to the ap-proval
of the Local Government Commission, shall determine and provide
all bonds necessary for the protection of the State school funds.
That the tax levying authorities in each county and city administrative
unit, subject to the approval of the Local Government Commission, shall
provide such bonds as the State School Commission may require for the
protection of county and district school funds.
Sec 19. Provision for the Disbursement of State Funds. That payment
of the State fund to the county and city administrative units may be made
in monthly installments, at such time and in such amounts as may be prac-tical
to meet the needs and necessities of the eight-months' school term in
the various county and city administrative units: Provided, that prior to
13
the payment of any monthly installment, it shall be the duty of the county
board of education or the board of trustees to file with the State Superin-tendent
of Public Instruction and the State School Commission a certified
statement of all salaries, together with all other obligations that may be
due and payable, said statement to be filed on or before the fifteenth day
of each month next preceding the maturity of the obligations.
When it shall appear to the State School Commission from said certified
statement that any amounts are due and necessary to be paid, such amounts
shall be certified to the State Superintendent, who shall draw a requisition
on the State Auditor covering the same; and upon receipt of notice from the
State Treasurer showing the amount placed to their credit, the duly con-stituted
authorities may issue State warrants in the amount so certified:
Provided, that no funds shall be released for payment of salaries of ad-ministrative
officers of county or city units if any reports required to be
filed by the State school authorities are more than thirty days over-due.
Sec. 20. How School Funds Shall be Paid Out. That school funds shall
be paid out as follows:
1. State School Funds. That school funds shall be released only on war-rants
drawn on the State Treasurer signed by the chairman and the secre-tary
of the county board of education for county administrative units and
by the chairman and the secretary of the board of trustees for city ad-ministrative
units and countersigned by such officer as the county govern-ment
laws may require.
2. County and District Funds. All county and district funds shall be
paid out only on warrants signed by the chairman and the secretary of
the board of education for counties and the chairman and the secretary of
the board of trustees for city administrative units and countersigned by
such officer as the county government laws may require.
Sec. 21. Audit. The State School Commission, in cooperation with the
Local Government Commission, shall cause to be made an audit of all
school funds, State, county and district; and the cost of said audit shall
be borne by each fund audited in proportion to the total funds audited, as
determined by the State School Commission. The tax levying authorities
for county and city administrative units shall make provision for meeting
their proportionate part of the cost of making said audit, as provided in
this Act.
Sec. 22. Workmen's Compensation and Sick Leave. The provisions of the
Workmen's Compensation Act shall be applicable to all school employees,
and the State School Commission shall make such arrangements as are
necessary to carry out the provisions of the Workmen's Compgnsation Act
as applicable to such employees. The State School Commission is hereby
authorized and empowered, in its discretion, to make provision for sick
leave with pay for any teacher or principal not exceeding five days and to
promulgate rules and regulations providing for necessary substitutes on
account of said sick leave.
14
Sec. 23. Purchase of Equipment and Supplies. It shall be the duty of
the county boards of education and/or the governing bodies of city adminis-trative
units to purchase all supplies and materials in accordance with
contracts awarded and/or with the approval of the State Division of Pur-chase
and Contract.
Sec. 24. School Transportation. The control and management of all
facilities for the transportation of public school children shall be vested
in the State of North Carolina under the direction and supervision of the
State School Commission, which shall have authority to promulgate rules
and regulations governing the organization, maintenance, and operation
of the school transportation facilities. The tax levying authorities in the
various counties of the State are authorized and empowered to provide
in the Capital Outlay budget adequate buildings and equipment for the
storage and maintenance of all school busses. Provision shall be made for
the adequate inspection each thirty days of each vehicle used in the trans-portation
of school children, and a record of such inspection shall be filed
in the office of the superintendent of the administrative unit. That it shall
be the duty of the administrative officer of each administrative unit to
require an adequate inspection of each bus at least once each thirty days,
the report or reports of which inspection shall be filed with the administra-tive
officer. Every principal upon being advised of any defect by the bus
driver shall cause a report of such defect to be made to this administrative
officer immediately, whose duty it shall be to cause such defect to be
remedied before such bus can be further operated. The use of school
busses shall be limited to the transportation of children to and from school
for the regularly organized school day: Provided, that in the discretion of
the county superintendent and the principal of the school, busses may be
used to transport children entitled to attend commencement exercises.
Sec. 25. Bus Routes. In establishing the route to be followed by each
school bus operated as a part of the State school transportation system, in
all schools where transportation is now or may hereafter be provided, the
State School Commission shall, unless road or other conditions make it
inadvisable, route the busses so as to get within one mile of all children
who live more than one and one-half miles from the school to which they
are assigned. The State shall not be required to provide transportation
for children living within one and one-half miles of the school in which
provision for their instruction has been made.
Sec. 26. Purchase of New Equipment. It shall be the duty of the State
of North Carolina to provide for the purchase of all school busses used as
replacements for old public-owned busses which were operated by the
State during the school year one thousand nine hundred thirty-four - thirty-five.
It shall be the duty of the tax levying authorities in the various
counties to make provision in the Capital Outlay budget for the purchase
of new busses needed to relieve overcrowding and to provide for the
transportation of children not transported in one thousand nine hundred
thirty-four - thirty-five; and the State shall provide for the operation of all
new busses purchased by the counties. It shall be the duty of the State
School Commission to promulgate rules and regulations that will insure
the greatest safety for the children possible, including a standard signaling
15
device for giving the public due notice that the bus is making a stop. Be-fore
purchasing any new school busses the State School Commission shall
cause to be made a thorough study of the most modern materials and con-struction
for insuring the safest equipment possible within the funds avail-able.
Sec. 27. Bus Drivers. The authority for selecting and employing the
drivers of school busses shall be vested in the principal or superintendent
of the school at the termination of the route, subject to the approval of
the school committeemen or trustees of said school and the county or city
superintendent of schools: Provided, that each driver shall be selected
with a view to having him located as near the beginning of the truck route
as possible; and it shall be lawful to employ student drivers wherever such
is deemed advisable. The salary paid each employee in the operation of
the school transportation system shall be in accordance with a salary
schedule adopted by the State School Commission for that particular type
of employee.
Sec. 28. Contract Transportation. In counties where school transporta-tion
is provided by contract with private operators, the State shall provide
funds for operating costs on the standards adopted for public-owned
busses, and it shall be the duty of the tax levying authorities in the various
counties to provide in the Capital Outlay budget the additional funds
necessary to pay contracts.
Sec. 29. Co-operation With Highway and Public Works Commission in
Maintenance of Equipment. The State School Commission is hereby
authorized to negotiate with the Highway and Public Works Commission
in coordinating all facilities for the repair, maintenance and upkeep of
equipment to be used by the State School Commission in the school trans-portation
system. In all cases where this is done the State Highway and
Public Works Commission shall be reimbursed in the amount of the actual
cost involved for labor and parts to be determined by an itemized state-ment
filed with the State School Commission.
It is the purpose of this Act to repeal Sections twenty-six, twenty-seven,
twenty-eight, twenty-nine, thirty, and thirty-one of the School Machinery
Act of one thousand nine hundred thirty-three.
Sec. 30. Lunch Rooms May be Provided. In such cases as may be deemed
advisable by the trustees or school committee in any school, and where the
same may be deemed necessary because of the distance of the said school
from places where meals may be easily obtained, it shall be competent for
the said trustees and the said school committees, as a part of the functions
of the said public schools, to provide cafeterias and places where meals may
be sold, and operate or cause the same to be operated for the convenience
of teachers, school officers and pupils of the said schools. There shall be no
personal liability upon the said trustees and school committees, or mem-bers
thereof, arising out of the operation of the said eating places, and it
is understood and declared that the same are carried on and conducted in
connection with the public schools, and because of the necessities arising
•out of the consolidation of the said schools and the inconvenience and
16
interruption of the school day caused by seeking the meals elsewhere:
Provided, that no part of the appropriation made by the State for the
public schools shall be expended for the operation of said cafeterias or
eating places, nor shall the provisions of Section twenty-two of this Act
apply to the employees of the cafeterias or eating places, except such per-sons
as are regularly employed otherwise in the schools.
Sec. 31. It shall be the duty of the county superintendent of public in-struction
to examine the records of the county to see that the proceeds
from the poll taxes and the dog taxes are correctly accounted for to the
school fund each year, and to examine the records of the several courts
of the county, including courts of justices of the peace, at least once every
three months to see that all fines, forfeitures and penalties, and any other
special funds accruing to the county school fund are correctly and promptly
accounted for to the school fund; and if the county superintendent shall
find that any such taxes or fines are not correctly and promptly accounted
for to the school fund, it shall be his duty to make prompt report thereof
to the State School Commission and also to the solicitor of the Superior
Court holding the courts in the district: Provided, that in any county hav-ing
a county auditor, county accountant, or county manager, that the duties
enjoined under the provisions of this section shall be performed by one of
said officers; and if there are two or more such officers in any county, then
by one of such officers in the order named.
It shall be unlawful for any of the proceeds of poll taxes, dog taxes, fines,
forfeitures, and penalties to be used for other than school purposes, and
the official responsible for any diversion of such funds to other purposes
shall be guilty of a misdemeanor, and, upon conviction, shall be punishable
by fine or imprisonment in the discretion of the court: Provided, however,
that this Section shall not be construed as making unlawful the use of such
portions of said funds for other purposes as may be provided by the pro-visions
of this Act.
Sec. 32. All Public, Public-Local, or Private Laws and clauses of laws in
conflict with this Act, to the extent of such conflict only, are hereby re-pealed.
If any section, part, paragraph, sentence or clause of this Act
shall be declared unconstitutional or invalid the same shall not affect the
validity of any of the remaining parts of this Act.
Sec. 33. This Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 11th
day of May, A.D. 19 35.
AN ACT TO APPOINT CERTAIN MEMBERS OF THE BOARDS OF EDU-CATION
OF THE RESPECTIVE COUNTIES OF NORTH CAROLINA,
FIX THEIR TERMS OF OFFICE, AND LIMIT COMPENSATION AT
STATE EXPENSE.
The General Assembly of North Carolina do enact:
Section 1. That the hereinafter named persons are hereby appointed mem-bers
of the County Boards of Education for the several counties in the State
as follows, to wit:
17
Alamance—Dr. J. C. Wilkins, E. J. Braxton, A. J. Ellington, J. J. Lambeth,
J. E. Sellers.
Alexander—George W. Watts, for a term of two years ; W. Shotwell Patter-son,
for a term of four years ; E. E. Lackey, for a term of six years.
Alleghany—John C. Halsey, G. N. Evans.
Anson—K. M. Hardison, for a term of six years.
Aslie—B. F. Kilby, Rev. Ed. Davis, David Burkett, each for a term of six
years.
Avery—Dr. R. H. Hardin, Carl Wiseman, H. B. Burleson.
Beaufort—C. F. Cowell, S. B. Ethridge, Dr. John Bonner, Dr. W. T. Ralph.
Ottis Barr.
Bertie—Henry Spruill, D. R. Britton.
Bladen—Walter H. Grimsley, for a term of two years ; Homer L. Tatum,
for a term of six years ; Dr. S. S. Hutchinson, for a term of six years.
Brunswick—W. Claude Gore, U. L. Rourk, each for a term of two years.
Buncombe—B. E. Morgan, C. J. Ebbs, Jas. S. Howell, J. C. Rich, J. V.
Erskine, A. O. Mooneyham, T. Luther Maney.
Burke—L. F. Brinkley, C. P. Whisenant, each for a term of two years ; Paul
Dale, for a term of four years ; J. E. Coulter, M. S. Arney, each for a term of
six years.
Cabarrus—W. R. Odell, for a term of two years ; Arthur K. Morrison,
George G. Allen. Olin D. Benson, each for a term of four years ; R. L. Hart-sell,
Harry E. Cline, each for a term of six years.
Caldwell—A. D. Abernathy, R. B. Bush, W. C. Taylor, E. L. Steele, J. E.
Shell.
Camden—George W. Burnham, R. L. Bray, G. S. Staples.
Carteret—C. V. Webb, for a term of six years.
Casicell—Claude G. Chandler, W. L. Miles, J. B. Turner.
Catawoa—N. J. Sigmon, for a term of four years ; Clarence Clapp, for a
term of six years.
Chatham—M. M. Bridgers, E. R. Hinton, Sam Hinton.
Cherokee—Fred. Martin, W. S. Dickey, R. H. King.
Chowan—S. E. Morris, Gertrude Cofleld Winslow, Fannie Lamb Wood, Isaac
Byrum, Luther Belch.
Clay—Frank C. Moore, for a term of two years ; John H. Brendle, for a
term of four years ; Fred. D. Pass, for a term of six years.
Cleveland)—G. D. Forney, J. L. Hord, O. F. Austell, A. L. Calton, Coy
McSwain.
Columbus—A. P. Rogers, F. T. Wooten, Carl Mears, R. G. Burns, I. T.
Newton.
Craven—C. A. Seifert, J. H. Elliott, Jather Peterson, R. L. Sermons, George
W. DeBruhl.
Cumberland—Alex. A. Davis, for a term of six years.
Currituck—Norman Hughes, H. G. Dozier, C. C. Boswood.
Dare—O. E. Mann, for a term of four years.
Davidson—Dr. F. L. Mock, Baxter Carter, H. Grady Sink.
Davie—J. B. Johnstone, I. P. Graham, George Evans.
Duplin—Robert M. Carr, for a term of two years ; John G. Bostic, for a
term of six years.
Durham—Dr. W. I. Cranford, T. O. Sorrell, E. S. Boothe, J. M. Cheek,
H. L. Umstead, Sr.
Edgecombe—Leslie Calhoun, for a term of four years.
Forsyth—P. Frank Hanes, H. A. Pfohl, James J. Griffith.
Franklin—John D. Morris, Mrs. D. T. Fuller, each for a term of six years.
Gaston—S. N. Boyce, 0. E. Hutchinson, Sr., M. A. Stroup.
Gates—H. F. Parker, J. C. Holland, S. P. Cross.
Graham—Roy O. Sherrill, for a term of four years ; J. B. "Walters, for a
term of four years ; E. C. Cody, for a term of four years.
Granville—J. W. Dean, E. C. Hobgood, R. H. Whitfield, R. L. Noblin, B. F.
Dean.
Greene—W. E. Sugg, R. P. Lane, Ed. S. Taylor, D. S. Harper, L. C. Edwards.
Guilford—S. J. Stern, H. A. Millis, J. H. Joyner, E. T. Coble.
Halifax—H. T. Clark, for a term of two years ; R. L. Towe, for a term of
four years ; R. C. Rives, for a term of six years.
Harnett—H. W. Prince, J. A. Hockaday, J. C. Byrd.
Haywood—Homer V. Cagle, R. T. Messer, J. B. Best.
Henderson—Floyd E. Osborne, for a term of six years.
Hertford—R. R. Copeland, W. A. Thomas, J. E. Mitchell.
Hoke—N. B. Blue, J. C. Thomas, A. W. Wood, Carl Riley, Louis Parker.
Hyde—J. M. Credle, S. M. Gibbs, A. C. Credle.
Iredell—J. A. Dobson, J. A. Craven, S. H. Houston, W. P. Sharpe, Jr., C. H.
Knox.
Jackson—J. H. Long, P. N. Price, T. C. Ledbetter, J. E. Rodgers, T. B.
Cowen, each for a term of two years.
Johnston—B. B. Adams, P. B. Chamblee, J. W. Woodard, W. H. Call, C. G.
Holt.
Jones—F. J. Koonce, for a term of six years.
Lee—R. E. Marks, for a term of four years ; J. A. Overton, for a term of
six years.
Lenoir—Horace L. Sutton, Emmett Taylor, W. B. Becton, D. W. Wood,
R. G. Hodges.
Lincoln—Dr. W. G. Bandy, T. A. Warlick, A. A. Beam, Dorsey Rhyne,
P. V. Cobb.
Macon—C. W. Dowdle, Frank H. Hill, W. D. Barnard.
Madison—J. Clyde Brown, Chan. W. Balding, Joe Worley, Wayne Peek,
Lee Ramsey.
Martin—F. H. Ange, J. W. Eubanks, J. T. Barnhill, George C. Griffin.
McDowell—M. L. Good, for a term of two years ; James C. Goforth, for a
term of four years ; Dr. J. B. Johnson, for a term of six years.
Mecklenburg—D. A. Pressley, J. Wilson Alexander, each for a term of two
years ; R. E. McDowell, B. D. Funderburk, each for a term of two years.
Mitchell—Tarp Turbyfill, W. M. Wiseman, I. J. Woody. Dr. W. B. Masters,
Miss Lydia Holman.
Montgomery—Mrs. Clyde Capel, for a term of six years.
Moore—John W. Graham, F. H. Underwood, F. W. Von Cannon, W. P.
Saunders, W. B. Graham.
Nash—John W. Roberson, G. L. Jones, T. E. Ricks.
New Hanover—John Marshall, James C. Roe, Mrs. C. L. Meister, L. T.
Landen, Dr. John T. Hoggard.
Northampton—W. Harry Stephenson, for a term of four years ; W. R.
Parker, for a term of six years.
Onslow—R. P. Hinton, A. T. Redd, . I. T. Rawls, R. V. Venters, D. B.
Sanders.
19
Orange—E. Clyde Compton, M. W. Durham, E. L. Lockhart.
Pamlico—M. D. Powers, Jesse W. Dixon, Jarvis B. Brinson, E. E. Mays,
S. E. McCotter.
Pasquotank—A. W. Stanton, for a term of two years ; S. C. Scott, for a term
of four years.
Pender—W. W. Pearsall, Albert H. Page, each for a term of two years ; Moses
B. Daniels, for a term of four years ; George F. Devane, for a term of six
years.
Perquimans—T. S. White, W. E. Dail, J. H. Baker, J. H. Miller, S. M. Long.
Person—George W. Walker, W. R. Wilkerson, E. E. Bradsher, N. H. Mont-gomery,
R. G. Cole.
Pitt—Li. C. Arthur, for a term of two years ; W. J. Smith, for a term of
six years.
Polk—R. M. Hall, G. E. Bell, H. E. Thompson, H. P. Sharp, T. J. McDowell.
Randolph—J. A. Martin, for a term of two years ; L. C. Smith, for a term
of four years ; L. F. Ross, for a term of six years.
Richmond—Joe A. Howell, for a term of two years ; D. A. Parsons, J. M.
Dockery, each for a term of four years ; W. R. Land, R. R. Simmons, each for
a term of six years.
Robeson—R. P. Edwards, Mrs. L. I. Grantham, A. B. McRae, John Blount
McLeod, Miss Mary McEachern, each for a term of two years.
Rockingham—C. P. Wall, J. L. Roberts, W. B. Kiker, L. W. Matthews, T. J.
Garrett.
Rotvan—W. F. Thompson, J. F. McKnight, each for a term of four years
H. E. Isenhour, R. L. Lyerly, each for a term of six years.
Rutherford—J. T. Harris, for a term of six years.
Sampson—John C. Warren, Martin D. Jackson, M. F. Troublefield.
Scotland—William McKenzie, T. L. Hendley, each for a term of two years
;
James A. Buie, for a term of four years.
Stanly—Q. E. C. Coble, J. F. Shinn.
Stokes—J. Reid Forrest, Dr. Grady E. Stone, John W. Priddy.
Surry—G. C. Hauser, Wesley Scott, W. S. Comer, F. W. Graham, W. A.
Jackson, Joe Hall.
Swain—S. W. Black, Signey Queen, R. C. Brendle.
Transylvania—Dr. Chas. L. Newland, Mrs. Flora Holliday, Edgar Reid.
Tyrrell—W. J. White, R. S. Knight, Jr., C. F. Kemp.
Union—C. C. Burris, T. L. Price, S. A. Latham, H. Grady Hawfield, J. H.-
Myers.
Vance—R. F. Thompson, for a term of two years ; E. R. Boyd, C. E. Greene,
each for a term of four years.
Wake—Dr. J. P. Hunter, for a term of two years; A. V. Baucom, for a
term of four years ; N. Y. Gulley, M. C. Chamblee, each for a term of six
years.
Warren—L. C. Kinsey, F. M. Drake, R. A. King, Harry W. Walker, Jesse
P. T. Harris.
Washington—C. N. Davenport, Jr., P. H. Darden.
Watauga—J. B. Horton, Will C. Walker, Thomas H. Coffey, Jr.
Wayne—Mrs. C. W. Ivey, J. Dallie Hines, W. R. Allen, each for a term of
four years ; R. L. Cox, Luby Jones, each for a term of six years.
Wilkes—R. R. Church, for a term of two years; D. F. Shepherd, for a
term of four years ; C. O. McNeil, for a term of six years.
20
Wilson—John L. Bryant, for a term of two years; J. H. Thompson, W. B.
Barnes, each for a term of four years; O. B. Bullock, Doane Herring, each
for a term of six years.
Yadkin—M. V. Fleming, J. H. Speas, Lloyd Craver.
Yancey—J. W. Howell, Horace S. Edge, Wilson Edwards.
Sec. 2. The members of the several County Boards of Education appointed
by this Act shall qualify by taking the oath of office on or before the first
Monday in May, one thousand nine hundred and thirty-five, and shall, unless
otherwise herein provided, hold office for a term of two years from and after
the first Monday in May, one thousand nine hundred and thirty-five, and
until their successors are elected and qualified, and, together with the mem-bers
of the Board of Education of the several counties whose terms will not
expire on the first Monday in May, one thousand nine hundred and thirty-five,
shall constitute the Board of Education of the respective counties.
Nothing in this Act shall be construed to oust or displace any member of
the Board of Education of any county where the term of such member, as
now provided by law, extends beyond the first Monday in May, one thousand
nine hundred and thirty-five.
In case of any conflict between the existing term of any member of the
Board of Education of any county and the term of any member appointed by
this Act, then the present incumbent shall be deemed and held as the legal
member of the Board of Education of the particular county : Provided, that
the provisions of this section shall not repeal any part of House Bill Number
two hundred ninety-four, entitled "An Act appointing a Board of Education
for Yancey County," applicable only to Yancey County, and the members
therein named shall be the only members of said Board of Education of
Yancey County.
Sec. 3. That the per diem and mileage of not exceeding five members of
the County Board of Education of the several counties of the State shall be
borne out of the State school fund : for any number in excess of five, out of
the county school fund.
Sec. 4. That this Act shall be in force and effect from and after the date
of its ratification.
In the General Assembly, read three times, and ratified, this the 4th day
of May, A.D. 1935.
AN ACT TO AMEND CHAPTER TWO HUNDRED AND TWO, PUBLIC
LAWS OF ONE THOUSAND NINE HUNDRED AND THIRTY-THREE,
RELATING TO THE APPOINTMENT AND ELECTION OF COUNTY
SUPERINTEDENTS OF PUBLIC INSTRUCTION AND DISTRICT
SCHOOL COMMITTEEMEN, AND TO RE-ENACT THE SATD LAW.
Whereas, the General Assembly of North Carolina, Session of one thousand
nine hundred thirty-five, is about to appoint members of the Board of Edu-cation
of the several Counties of the State ; and
Whereas, it is the purpose and intent of the General Assembly in passing
said Act to provide that the newly constituted Boards of Education, com-posed
of members who hold over and newly appointed members of the said
Board, shall appoint and elect the County Superintendents of Public Instruc-tion
and the District School Committeemen in and for the said Counties
;
Now, Therefore,
21
The General Assembly of North Carolina do enact:
Section 1. That any action by any County Board of Education in any
County in this State, purporting and attempting to select, appoint or elect a
County Superintendent of Public Instruction, or District School Committee-men
of said County, taken and had, or attempted to be taken and had before
the appointment and qualification of the Boards of Education by the General
Assembly of one thousand nine hundred thirty-five for the next biennium, be,
and the same is hereby declared to be null,, void, and of no force or validity.
Sec. 2. That the County Boards of Education appointed by the General
Assembly of one thousand nine hundred thirty-five, shall, as soon as prac-ticable
after the first Monday in May, one thousand nine hundred thirty-five,
proceed with the selection of a County Superintendent of Public Instruction,
who shall hold office from the date of his election, for a period of two years,
or until his successor is elected and qualified ; and such Boards of Education
shall also proceed as soon as practicable after the first Monday in May, one
thousand nine hundred thirty-five, to appoint District School Committeemen
for their respective Counties, who shall likewise hold office from the date
of their selection and qualification for a period of two years, or until their
successors are elected and qualified.
Sec 3. All laws and clauses of laws in conflict with this Act are hereby
repealed.
Sec. 4. This Act shall be in effect from and after its ratification.
In the General Assembly, read three times, and ratified, this the 30th day
of March, A.D. 1935.
AN ACT TO AUTHORIZE THE TRANSFER OF SCHOOL DISTRICT
SINKING FUNDS TO COUNTY TREASURERS.
The General Assembly of North Carolina do enact:
Section 1. That in all cases in which the bonds of special school districts
have been or may hereafter be assumed by the county in which such district
is located, all taxes levied and collected for the purpose of paying the interest
upon said bonds and creating a sinking fund for the retirement of said bonds,
shall be paid to the County Treasurer by the Sheriff or Tax Collector.
Sec. 2. That if a uniform debt service tax is levied and collected by the
county in which school district bonds are now outstanding and have been
assumed by the county, all of said tax so levied and collected shall be paid to
the County Treasurer and the County Treasurer shall allocate to each issue
of school district bonds its proportionate part of the tax so levied and col-lected
each year.
Sec. 3. That in all cases where school district bonds have been assumed
or may hereafter be assumed by the county in which district is located any
and all moneys and securities held by the Treasurer, Trustee or Committee
of such district or Sinking Fund Commissioner, is authorized to transfer
any and all moneys and securities belonging to such sinking fund account
to the County Treasurer of such county and upon the transfer of such funds
and securities and a proper accounting therefor such District Treasurer,
22
Trustee, Committee or Sinking Fund Commissioner shall be discharged from
further responsibility for the administration of and accounting for such
sinking funds.
Sec. 4. This Act shall not apply to Richmond County.
Sec. 5. That this Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 26th day
of April, A.D. 1935.
AN ACT TO PROVIDE FOR THE ISSUANCE OF SCHOOL DISTRICT
REFUNDING AND FUNDING BONDS.
The General Assembly of North Carolina do enact:
Section 1. As used in this Act the term "School District" shall be deemed
to include each special school taxing district, local tax district and special
charter district by which or on behalf of which bonds have heretofore been
issued and are now outstanding.
Sec. 2. Notwithstanding the provisions of any law heretofore enacted or
enacted hereafter at the present regular session of the General Assembly
which affect the continued existence of school districts or the levy of taxes
therein for the payment of bonds, each such school district shall continue in
existence with the boundaries heretofore established until all bonds thereof
now outstanding or bonds issued to refund the same, together with interest
thereon, shall be paid.
Sec 3. The Board of Commissioners of the county in which any such
school district is located is hereby authorized to issue bonds at one time or
from time to time for the purpose of refunding or funding the principal or
interest of any bonds of such school district then outstanding. Such refund-ing
or funding bonds shall be issued in the name of the school district and
they may be sold or delivered in exchange for or upon the extinguishment
of the obligations or indebtedness refunded or funded. Except as other-wise
provided in this Act, such refunding and funding bonds shall be issued
in accordance with the provisions Cjf Chapter two hundred and fifty-seven
of the Public Laws of one thousand nine hundred and thirty-three, and the
Local Government Act and Acts amendatory thereof and supplemental
thereto. The tax levying body or bodies authorized by law to levy taxes for
the payment of the bonds, the principal or interest of which shall be refunded
or funded shall levy annually a special tax on all taxable property in such
school district sufficient to pay the principal and interest of said refunding
or funding bonds as the same become due.
Sec. 4. All laws and clauses of laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 5. This Act shall be in full force and effect from and after its ratifi-cation.
In the General Assembly, read three times, and ratified, this the 11th day
of May. A.D. 1935.
23
AN ACT PROVIDIG FOR THE FUNDING OR REFUNDING OF PRINCI-PAL
AND INTEREST OF LOANS MADE FROM THE STATE LITER-ARY
FUND AND FROM ANY SPECIAL BUILDING FUND OF THE
STATE.
The General Assembly of North Carolina do enact:
Section 1. In any case where a loan has heretofore been made from the
State Literary Fund or from any Special Building Fund of the State to the
County Board of Education of a County and such County has heretofore or
shall hereafter authorize the issuance of bonds for the purpose of funding or
refunding interest on or the principal of all or a part of the notes evidencing
such loan, the State Board of Education be and the same is hereby author-ized
to accept funding or refunding bonds or notes of such County in pay-ment
of interest on or the principal of the notes evidencing such loan ; pro-vided,
however, that the issuance of such funding or refunding bonds shall
have been approved by the Local Government Commission.
Sec. 2. In any case where the funding or refunding of interest on or the
principal of such notes shall constitute a part of a refunding plan or program
of the County, and the terms of such funding or refunding shall be accepted
by a sufficient number of the holders of the County's obligations to put same
into effect, the State Board of Education may authorize the acceptance of
such funding or refunding bonds or notes upon the same terms and conditions,
both as to principal and interest, as have been agreed upon by a sufficient
number of the other holders of the County's obligations to put same into
effect.
Sec. 3. This Act shall be in full force and effect from and after its ratifi-cation.
In the General Assembly, read three times, and ratified, this the 10th day
of May, A.D. 1035.
AN ACT TO PROVIDE FOR THE COLLECTION OF DELINQUENT
AMOUNTS DUE THE STATE LITERARY AND SCHOOL BUILDING
REVOLVING FUND FROM THE VARIOUS COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. In all instances where any sum or amount is due from any
County Board of Education or school unit therein to the State or to the Lit-erary
Fund or to the Revolving Fund set up by the General Assembly provid-ing
loans for the construction of school buildings ; and where any sum or
amount is payable to such County by reason of any contract made on
behalf of the State Highway Commission or its successor, the State High-way
and Public Works Commission, for loans made to such Commission by
such County in behalf of roads ; it shall be competent and lawful to offset the
amount due such County on account of any contract made with the State
Highway Commission or its successor, the State Highway and Public Works
Commission, not assigned prior to the passage of this Act, by the amount due
by such County or Board of Education or school unit in said County to the
State or to the Literary Fund or the Revolving Fund set up by the General
Assembly providing loans for construction of school buildings.
24
Sec. 2. If the amount due such County on account of loans made to the
State Highway Commission or its successor, the State Highway and Public
Works Commission, and not assigned prior to the passage of this Act is
insufficient to pay the amount due the State or the Literary Fund or to the
Revolving Fund by such County, then the amount due such County on account
of loans to the Highway Commission shall be credited on the amount due by
such County to the State or Literary Fund or Revolving Fund.
Sec. 3. The Treasurer and other officers of the State charged with the duty
of disbursing any funds by reason of such contract between the State High-way
Commission or the State Highway and Public "Works Commission already
made or hereafter to be made, are required to observe the provisions of the
foregoing section and shall not issue or authorize issuance of any voucher
contrary thereto.
Sec 4. That all laws and clauses of laws in conflict with this Act are
hereby repealed.
Sec 5. That this Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 10th day of
May, A.D. 1935.
AN ACT TO PROVIDE COMPENSATION FOR SCHOOL CHILDREN
KILLED AND/OR INJURED WHILE RD3ING ON A SCHOOL BUS TO
AND FROM THE PUBLIC SCHOOLS OF THE STATE: AND TO
AUTHORIZE THE STATE SCHOOL COMMISSION TO SET ASIDE
CERTAIN FUNDS FOR THAT PURPOSE OUT OF WHICH MEDICAL
AND HOSPITAL EXPENSES AND DEATH CLAIMS SHALL BE PAID.
The General Assembly of North Carolina do enact:
Section 1. That the School Commission of North Carolina, shall, and it is
hereby, authorized and directed to set up in its budget for the operation of
the public schools of the State, a sum of money which it deems sufficient to
pay the claims hereinafter authorized and provided for.
Sec 2. That the State School Commission be, and it is hereby authorized
and directed to pay out of said sum provided for this purpose to the parent,
guardian, executor, or administrator of any school child, who may be injured
and/or whose death results from injuries received while such child is riding on
a school bus to and from the public schools of the State, medical, surgical,
hospital, and funeral expenses incurred on account of such injuries and/or
death of such child in an amount not to exceed the sum of six hundred and
no one-hundredths dollars ($600.00).
Sec 3. The right to compensation as authorized under Section two of this
Act shall be forever barred, unless a claim be filed with the State School
Commission within one year after the accident, and if death results from the
accident, unless a claim be filed with the said Commission within one year
thereafter.
Sec 4. That the State School Commission is hereby authorized and em-powered,
under rules and regulations to be promulgated by said School Com-
25
mission, to approve any claim authorized by this Act, and when such claim
is so approved, such action shall be final ; and payment made by the School
Commission for hospital and medical treatment shall be deducted from the
benefits provided in Section two hereof, and said Commission is hereby
authorized to pay medical and hospital and funeral bills provided for in this
Act, not to exceed, however, the benefits herein provided for.
Sec. 5. That the claims authorized in Section two of this Act shall be paid
by the said School Commission, regardless of whether or not the injury
received by said school child shall have been due to the negligence of the
driver of the said school bus ; provided that whenever there is recovery on
account of said accident by the father, mother, guardian, or administrator
of such child, against any person, firm, or corporation, the amount expended
by the State School Commission hereunder shall constitute a paramount lien
on any judgment recovered by said parent, guardian, or administrator, and
shall be discharged before any money is paid to said parent, guardian, or
administrator, on account of said judgment.
Sec. 6. Nothing in this Act shall be construed to mean that the State shall
be liable for sickness, disease, and for personal injuries sustained while not
actually riding on the bus to and from the school, and for personal injuries
received otherwise than by reason of the operation of such bus.
Sec. 7. This Act shall be in full force and effect from and after its
ratification.
Sec. 8. That all laws and clauses of laws in conflict with this Act are
hereby repealed.
In the General Assembly, read three times, and ratified, this the 26th day
of April, A.D. 1935.
26
AN ACT TO REQUIRE ANY PERSON, PARTNERSHIP, ASSOCIATION OF
PERSONS, OR CORPORATION THAT MAY HEREAFTER BE ORGAN-IZED
AS BUSINESS SCHOOLS IN NORTH CAROLINA TO COMPLY
WITH THEIR CONTRACTS WITH THE STUDENTS, ETC., WHO
MATRICULATE WITH THEM FOR THE PURPOSE OF TAKING COM-MERCIAL
COURSES IN ACCOUNTING, BOOKKEEPING, STENOG-RAPHY,
STENOTYPY, TELEGRAPHY, TYPING, AND OTHER
BRANCHES GENERALLY INCLUDED IN THE CURRICULUM OF
SUCH SCHOOLS; TO REQUIRE SUCH INSTITUTIONS, BEFORE COL-LECTING
FEES, TUITION, AND OTHER EXPENSES FROM STU-DENTS
WHO DESIRE TO TAKE SUCH COURSES IN SUCH INSTITU-TIONS,
TO ENTER INTO A BOND EXECUTED BY STANDARD AND
SOLVENT GUARANTY COMPANIES GUARANTEEING THE REFUND
OF SUCH FEES, TUITION, AND OTHER EXPENSES AS ARE PAID,
IN CASE THE PROMOTERS, OFFICERS, AND AGENTS OF SUCH
INSTITUTIONS FAIL TO COMPLY WITH THEIR CONTRACT; TO
PROVIDE PENALTIES FOR FAILURE TO REFUND TO ANY STU-DENT
THE AMOUNTS WHENEVER THE PROMOTERS, OFFICERS
AND AGENTS OF SUCH INSTITUTIONS FAIL TO COMPLY WITH
THEIR CONTRACT TO GIVE AND FURNISH TRAINING IN COM-MERCIAL
COURSES ACCORDING TO THE CONTRACT ENTERED
INTO.
The General Assembly of North Carolina do enact:
Section 1. A commercial college or business school shall be denned as
follows : Any partnership, association of persons, or any corporation which
teaches, publicly, for compensation, any or all the branches of accounting,
bookkeeping, stenotypy, stenography, typing, telegraphy, and other commer-cial
subjects which are usually taught in commercial colleges or business
schools.
Sec. 2. Any person, partnership, association of persons, or any corpora-tion
which may desire to open a commercial college, or to establish a branch
college or school in this State for the purpose of teaching bookkeeping, sten-ography,
stenotypy, typing, telegraphy, and other courses which are usually
taught in commercial colleges, before commencing business must secure a
permit from the State Board of Commercial Education of the State of North
Carolina authorizing such person, partnership, association of persons or cor-porations
to open and conduct such commercial college or branch college or
school.
The State Board of Commercial Education shall consist of the Director of
the Division of Instructional Service, tbe Director of the Division of Voca-tional
Education, and the owner and operator of an accredited business or
commercial school that has been in operation within the State for five years,
and the State Superintendent of Education, who having no vote, will be
Chairman of the Board and Ex-officio Secretary. The member who is a com-mercial
school owner or operator shall be appointed by the Governor and
shall serve for three years or until his successor bas been appointed and
taken office.
Sec. 3. That application for such permit to open and conduct a business
school shall state specifically the name of sucb person, partnership or corpora-
27
tion, and said application shall be filed with the County Superintendent of
Schools of the County in which the proposed commercial college or school is
to operate. If, after due investigation on the part of the County Superin-tendent
of Schools, it has been shown by satisfactory evidence of the appli-cant's
efficiency and good moral character for fair and honest dealings with
their students and with the public, then the County Superintendent of
Schools shall endorse his approval of the application and forward it to the
State Board of Commercial Education at Raleigh for action thereon. Before
such permit shall be issued, the applicant shall pay to the State Board of
Commercial Education a fee of ten ($10) dollars as a minimum, and twenty-five
($25) dollars as a maximum, the amount needed being left to the dis-cretion
of the Board of Commercial Education, which fees shall be paid
annually on the first day of July to the said Board so long as said school
shall continue to operate. Said fees shall be used for office and traveling
expenses by said Board or its authorized representatives for investigating
applications for conducting commercial schools and also complaints against
such schools, and the Secretary of the Board shall keep an account of all
moneys received and disbursed which account shall be open at all times to
inspection by all persons operating commercial schools and licensed by said
Board.
Sec. 4. Before the Board of Commercial Education shall issue such per-mit,
the person, partnership, association of persons, or corporation shall exe-cute
a bond in the sum of one thousand ($1,000) dollars, signed by a solvent
guaranty company authorized to do business in the State of North Carolina,
payable to the Clerk of the Superior Court of the County in which such col-lege,
branch college, or school will be located and conduct its business, condi-tioned
that the principal in said bond will carry out and comply with each
and all contracts, made and entered into by said college or branch college or
school, acting by and through its officers and agents, with any student who
desires to enter such college and to take any course in commercial training,
and to pay back to such student all amounts collected for tuition and fees m
case of failure on the part of the parties obtaining a permit from the Board
of Commercial Education to open and conduct a commercial college, or
branch college or school, to comply with its contracts to give the instruc-tions
contracted for, and for the full period evidenced by such contract.
Such bond shall be filed with the Clerk of Superior Court of the County in
which the college or branch or school executing the bond is located, and
recorded by such Clerk in a book provided for that purpose.
Sec. 5. In any and all cases where the party receiving the permit from the
Board of Commercial Education fails to comply with any contracts made and
entered into with any student or with the parents or guardian shall have a
cause of action against the sureties on the bond as herein provided for the
full amount of the payments made to such person, with six (6) per cent
interest from the date of payment of said amount. For a proven violation
of its contracts with its students, the Board of Commercial Education is
authorized to revoke the license issued to the offending school. Through
periodic reports required of licensed commercial schools and by inspections
made by the members of the Board of Commercial Education or its author-ized
representatives, the Board of Commercial Education shall have general
28
supervision over commercial schools of the State, the object of said supervi-sion
being to protect the public welfare by having the licensed commercial
schools to maintain proper school quarters, equipment and teaching forces
and of having the school carry out its advertised promises and its contracts
made with its students and patrons.
Sec. 6. Any person, or each member of any partnership, or each member of
any association of persons, or each officer of any corporation which opens and
conducts a commercial college or branch college or school without first having
obtained the permit required in Section two of this Act, and without first
having executed the bond required in Section four of this Act, shall be guilty
of misdemeanor and punishable by a fine of not less than one hundred
($100.00) dollars, nor more than five hundred ($500.00) dollars, and each
day said college continues to be open and operated shall constitute a separate
offense.
Sec. 7. The provisions of this Act shall not apply to any established
university, commercial college, college, regular high school or any State insti-tution
which has heretofore adopted or which may hereafter adopt one or
more commercial courses, provided the tuition fees and charges, if any, made
by such university, commercial college, college, or regular high school shall
be collected by their regular officers in accordance with the rules and regula-tions
prescribed by the proprietors or by the Board of Trustees of such uni-versity,
commercial college, college, or high school.
Sec. 8. All persons, partnerships, associations of persons, which are non-residents
of North Carolina, or corporations organized and chartered under
the laws of any other State, must comply with the provisions of this Act
before such can open and conduct a commercial college or branch college or
school in the State of North Carolina.
Sec. 9. If any part of this Act is decided by the Supreme Court of this
State or by any other court of final jurisdiction, and is held to be unconsti-tutional
and void, such decision shall not affect or nullify any other part of
this Act.
Sec. 10. That all laws and clauses of laws in conflict with the provisions
of this Act are hereby repealed.
Sec 11. That this Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 29th day
of April. A.D. 1935.
AN ACT TO PROVIDE A RENTAL, SYSTEM FOR TEXT-BOOKS USED IN
THE PUBLIC SCHOOLS OF THE STATE AND TO PROMOTE ECON-OMY
AND EFFICLENCY IN THE ADOPTION OF TEXT-BOOKS.
The General Assembly of North Carolina do enact:
Section 1. The Governor Appoints: There is hereby created a State Text-book
Purchase and Rental Commission of five members, as follows : The State
Superintendent of Public Instruction as ex-officio chairman, the Attorney-
General, the Director of the Division of Purchase and Contract, and two
29
members, to be appointed by the Governor, for a term of two years each.
Said appointive members to receive such compensation as the law provides
for members of the State School Commission. The expense and cost of said
Commission shall be paid out of the appropriation made available by this
Act.
Sec. 2. Powers and duties of Commission. The said Text-book Purchase
and Rental Commission is hereby authorized, empowered, and directed to
promulgate rules and regulations necessary to
:
(1) Acquire by contract, and/or purchase, such text-books and instruc-tional
supplies, which are, or may be on the adopted list of the State
Standard Course of Study, as the Commission may find necessary to supply
the needs of the children in the public schools of the State.
(2) Provide a system of distribution of said text-books and supplies to the
children in the public schools of the State, and shall distribute such books as
are provided under the rental system without the use of any depository other
than some agency of the State.
(3) Provide for uniform rental charge for said text-books and supplies to
the children in attendance upon the public schools of the State. Said rental
charge shall be collected annually in an amount not to exceed one-third of
the cost of said text-books and supplies : Provided nothing herein shall be
construed to prevent the purchase of text-books from said Commission
needed for any child in the public schools of the State, by any parent, guard-ian,
or person in loco parentis.
(4) Provide for the use of said text-books without charge to the indigent
children of the State.
(5) Adopt, provide and distribute all blanks, forms and reports necessary
to keep a careful check and record of all the books, supplies distributed, rent-als
collected, indigents furnished, condition and repairs of books, and such
other information as said Commission may require, to the end that an accu-rate
and complete inventory of the affairs of said Commission may be avail
able at all times to the Governor and Council of State.
(6) Cause an annual audit to be made of the affairs of the said Commis-sion
and a certified copy of same to be furnished the Governor and Council
of State.
(7) Books shall not be interchangeable between the white and colored
schools, but shall continue to be used by the race first using same.
Sec. 3. Purchase and contract. The purchase of all text-books and supplies
under the provisions of this Act adopted as now provided by law shall be
made through the Division of Purchase and Contract.
Sec. 4. Rentals paid to State Treasury. All sums of money collected as
rentals under the provisions of this Act shall be paid monthly as collected into
the State Treasury, to be entered as a separate item known as the "State
Text-book Rental Fund." Disbursement of said funds shall only be had by
order of the Council of State ; provided further, that the State Text-book
Purchase and Rental Commission in conjunction with the State Board of
Health shall adopt rules and regulations governing the use and fumigation
for the regular disinfection of all text-books used in the public schools of the
State.
30
Sec. 5. Any County or City Board of Education now operating a text-book
rental system shall be permitted to continue such local rental system without
interference from the State Commission : Provided, that the rental fees charged
by such local rental authority shall not exceed the rental charges set by the
State Commission : Provided further, that such local text-book rental author-ity
may purchase from the State Commission text-books for its local use.
Sec. 6. Appropriation and issuance of Short-term Notes:
(1) For the purpose of carrying out the provisions of this Act there is
hereby appropriated out of the public revenues of the State a sum of one
million five hundred thousand dollars ($1,500,000).
(2) The Treasurer, with the approval of the Council of State, is hereby
authorized, empowered and directed to issue short-term notes, pledging the
full faith and credit of the State, in such amounts, length of term and rate
of interest as shall be most advantageous to the State, but in no event shall
the total sum of such notes exceed the sum of one million five hundred thou-sand
dollars.
(3) The full faith credit and taxing power of the State are hereby
pledged for the payment of the principal and interest of the notes herein
authorized.
(4) The coupons, if any, appurtenant to such notes, shall be receivable
after maturity in payment of all taxes, debts, dues, licenses, fines and demands
due the State of any kind whatsoever.
(5) All of such notes and coupons shall be exempt from all State. County
and Municipal taxation or assessments, direct or indirect, general or special,
whether imposed for the purpose of general revenue or otherwise, and the
interest on such notes shall not be subject to taxation as for income, nor shall
such notes or coupons be subject to taxation when constituting a part of
the surplus of any bank, trust company, or other corporation.
(6) It shall be lawful for all executors, administrators, guardians and fidu-ciaries
generally, and all sinking fund commissions, to invest any moneys in
their hands in such notes.
Sec. 7. All laws and clauses of laws in conflict with the provisions of
this Act, to the extent of such conflict, are hereby repealed.
Sec 8. This Act shall be in full froce and effect from and after its ratifi-cation.
In the General Assembly, read three times, and ratified, this the 11th day of
May, A.D. 1935.
AN ACT TO INCORPORATE THE NORTH CAROLINA STATE THRIFT
SOCIETY.
The General Assembly of North Carolina do enact:
Section 1. That in order to better provide for the education of the school
children of the State in the principles and practice of thrift and saving,
and in order to aid them in making better provision for their future advanced
education, there is hereby created under the patronage and control of the
State a nonstock corporation to be known as the North Carolina State Thrift
Society.
31
Sec. 2. The charter of the Society shall be perpetual.
Sec. 3. The membership of the Society shall be identical with the member-ship
of the Governing Board, which shall consist of sixteen Directors. The
State Treasurer, the Superintendent of Public Instruction, the President of
the North Carolina Bankers Association and the President of the University
of North Carolina shall throughout their terms of office be ex-officio members
of the Board. The remaining twelve members of the Board shall be appointed
by the Governor for successive terms of four years each, and shall be equally
divided between the business and financial and the educational interests of
the State, six members to each of the named groups, provided that at least
four of those representing business must be experienced bankers.
Sec. 4. In the event of a vacancy occurring before the expiration of the
terms of office of any Director, the Board by a majority vote of its full mem-bership,
including ex-officio members, shall have power to elect persons to
fill out the unexpired terms.
Sec. 5. The officers of the Society shall "be elected by the Board, and shall
include a president, vice-president, secretary, treasurer and auditor. The
treasurer of the Society shell be responsible for the funds of the Society, and
shall furnish good and sufficient surety in such amount as may be fixed from
time to time by the Board of Directors.
Sec 6. The Society shall have power and authority to purchase, lease and
otherwise acquire such real and personal property as may be deemed useful
to the prosecution of the objects for which it is created. It may sell and
dispose of the same and may hold or may sell and convey such property also
as may be taken in whole or partial satisfaction of any debt due to it. It
may also receive gifts of money and property to be applied to its corporate
purposes.
Sec. 7. The Society may receive deposits of the funds of children and
others attending any of the public schools or colleges of North Carolina, as
provided in Chapter 481 of the Public Laws of North Carolina in 1933, entitled
"An Act to provide for instruction in thrift and saving in the public schools
of the State," and subject to repayment on terms established by the Board,
provided that do individual account may exceed $1,000.
Sec 8. The funds in the Treasurer's hands may be deposited by him, to
his credit, with banks which are members of the Federal Deposit Insurance
Corporation. In no case may the amount in any one bank exceed the amount
covered by insurance. The interest accruing and paid on such deposits shall
be added to the funds of the Society.
Sec 9. Neither deposits in the Society nor its property investments and
assets shall at any time be subject to taxation by the State of North Carolina
or any of its subdivisions, except that gift, inheritance or estate taxes may be
levied on the transfer of private deposits in the Society.
Sec 10. (Repealed.)
Sec 11. The funds of the Society may, at the discretion of the Board, be
invested in obligations of the United States Government, or of the State of
32
North Carolina, or deposited as previously provided in Section eight of
this Act.
Sec 12. Provided, that no liability of any kind shall rest on the State of
North Carolina by reason of this Act.
Sec. 13. This Act shall be in effect from and after the date of its ratifi-cation.
1933, c. 385 ; 1935, c. 489.
AN ACT TO PROVIDE FOR INSTRUCTION IN THRIFT AND SAVING IN
THE PUBLIC SCHOOLS OF THE STATE.
The General Assembly of North Carolina do enact:
Section 1. Within 150 days from the approval of this Act the State Super-intendent
of Public Instruction shall provide in the public schools of the
State for instruction in thrift and the principles, practice and advantage of
saving.
Sec 2. In connection with the instruction so provided arrangements shall
be made at each school for the receiving of students' savings deposits into the
North Carolina State Thrift Society, subject to its rules and on the terms
provided therein.
Sec 3. That the administration of the system in each school shall be in
charge of one or more of the teachers in said school to be designated by the
principal.
Sec 4. That the savings deposits shall be transmitted to the Treasurer of
the said Society from time to time, in accordance with rules to be established
by the Governing Board of the North Carolina State Thrift Society, and sliall
be held for the purposes declared in the charter of the said Society.
Sec 5. This Act shall be in effect from and after the date of its ratifi-cation.
1933, c 481 ; 1935, c. 489.
AN ACT TO REQUIRE THE PUBLIC SCHOOLS OF THE STATE TO
FURNISH ADEQUATE AND SCIENTIFIC INSTRUCTION IN THE
SUBJECT OF ALCOHOLISM AND NARCOTISM.
The General Assembly of North Carolina do enact:
Section 1. In addition to health education, which is now required by law
to be given in all schools supported in whole or part by public money, thorough
and scientific instructions shall be given in the subject of alcoholism and
narcotism.
The State Superintendent of Public Instruction is hereby authorized and
directed to prepare, or cause to be prepared, for the use of all teachers who
are required by this Act to give instructions in the subject of alcoholism and
narcotism, a course of study on health education, which shall embrace sug-gestions
as to methods of instruction, outlines of lesson plans, lists of accu-rate
and scientific source material, suggested adaptations of the work to the
33
needs of the children in the several grades, and shall specify the kind of work
>to be done in each grade, and the amount of time to be devoted to such
instruction.
The State Text-book Commission and the State Board of Education shall be
authorized, directed and em-powered to select, approve, and adopt a simple,
scientific text-book, which text-book shall be free from political propaganda
and approved by the State Board of Health and the faculty of the Medical
School of the University of North Carolina, on the effects of alcoholism and
narcotism on the human system,, and/or a different or revised text on "Health,'"
which shall contain chapters giving complete, detailed, and scientific informa-tion
on the subjects, to be taught as a unit of work every year in the appro-priate
elementary grade, or grades, of the public schools of North Carolina.
Adequate time shall be given to teach the subject efficiently. The work in the
subject of alcoholism and narcotism shall be a part of the work required for
promotion from one grade to another: Provided, also, that provision shall be
made in the course of study prepared by the State Department of Public
Instruction for teachers, aides and devices for the assistance of teachers in
teaching the effects of alcoholism and narcotism on the human system.
Sec. 2. In all normal schools, teacher training classes, summer schools
for teachers, and other institutions giving instruction preparatory to teaching
or to teachers actually in service, adequate time and attention shall be given
to the best methods in teaching health education, with special reference to
the nature of alcoholism and narcotics.
Sec. 3. It shall be the duty of all officers and teachers, principals and
superintendents in charge of any school or schools, comprehended within the
meaning of this Act, to comply with its provisions ; and any such officer or
teacher who shall fail or refuse to comply with the requirements of this Act,
shall be subject to dismissal by the proper authorities.
Sec. 4. This Act shall be in full force and effect from and after its ratifi-cation.
1929, c. 96 ; 1935. c. 404.
LAWS of 1933
AN ACT TO PROMOTE FURTHER EFFICIENCY IN THE PUBLIC
SCHOOLS.
Whereas, many selling and advertising campaigns are being promoted
through the public schools of North Carolina ; and
Whereas, undue pressure is brought to bear upon both teachers and pupils
;
and
Whereas, such practices tend to disrupt and commercialize the work of the
schools ; Now, Therefore
;
The General Assembly of North Carolina do enact:
Section 1. No person, agent, representative or salesman shall solicit or
attempt to sell or explain any article of property or proposition to any
teacher or pupil of any public school on the school grounds or during the
school day without having first secured written permission and consent of
the superintendent, principal or person actually in charge of the school and
responsible for it.
Sec. 2. Any person violating the provisions of this Act shall be guilty of
a misdemeanor and shall be fined or imprisoned in the discretion of the
Court.
Sec. 3. All laws and clauses of laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 4. This Act shall be in force from and after its ratification.
In the General Assembly, read three times, and ratified, this the 5th day of
April, A.D. 1933.
ADVERTISEMENT AND SALE OF SCHOOL PROPERTY
Sec 62. May sell school property. That when in the opinion of the Board,
any schoolhonse, schoolhouse site or other public school property, has become
unnecessary for public school purposes, it may sell the same at public auc-tion
after advertising the said property for the period of time and in like
manner as to places and publication m newspapers as now presci'ibed for
sales of real estate under deeds of trust. Provided) further, that the sale
shall be reported to the office of the Clerk of the Superior Court and remain
open for ten (10) days for an increase bid, and if the said bid is increased
the property shall be re-advertised in the manner as re-sales under deeds of
trusts, and if there is no raised or increased bid within ten (10) days, the
Chairman and Secretary of the Board shall execute a deed to the purchaser,
and the proceeds shall be paid to the Treasurer of the County School Fund.
C. S. (Ill), 5470; 1933, c. 494, s. 2.
35
TEXT-BOOKS FOR ELEMENTARY GRADES
Sec. 320. State Board of Education adopts. The State Board of Educa-tion
is hereby authorized to adopt, for the exclusive use in the public elemen-tary
schools of North Carolina supported ivholly or in part out of the public
funds, text-books and publications, including instructional materials, to meet
the needs of such schools in each grade and on each subject-matter in which
instruction is required to be given by law. And six months before the ex-piration
of the contracts now in force it shall adopt for a period of five years
from a multiple list submitted by the Text-book Commission, as hereinafter
provided, two basal primers for the first grade and two basal readers for
each of the first three grades, and one basal book or series of books on all
other subjects contained in the outline course of study for the elementary
grades where a basal book or books are recommended for use : Provided,
the State Board of Education may enter into contract with a publisher for a
period less than five years, if any advantage may accrue to the schools as a
result of a shorter contract than five years.
C. S. (Ill), 5730; 1933, c. 464, s. 1.
Sec. 321. Books adopted for an indefinite period. At the expiration of the
contract now existing between the State Board of Education and the pub-lisher
for any particular book or books, the State Board of Education, upon
satisfactory agreement with the publisher, may continue the contract for any
particular book or books indefinitely ; that is, for a period not less than one
nor more than five years.
The State Board of Education may, at any time it finds a book unsatis-factory,
call for a new report from the Text-book Commission on that sub-ject
adopted for an indefinite length of time. Moreover, the Text-book Com-mission
at any time, with the approval of the State Superintendent of Public
Instruction, may recommend to the State Board of Education that a given
book adopted indefinitely is unsatisfactory or may be greatly improved by
the adoption of a new book or books.
In the event that a change of text-books contracted for for an indefinite
length of time is deemed necessary by the State Board of Education or by
the Text-book Commission, the publisher shall be given at least three months
notice prior to the first of May, and at the expiration of which time the
State Board of Education is authorized to adopt from a list submitted by the
Text-book Commission a new book or books on said subject. Moreover, the
publisher of any text-book desiring to end a contract that has been extended
indefinitely shall give the State Board of Education at least three months
notice prior to the first day of May. In either event, when it becomes
necessary to substitute a new book for an old one on the adopted list, the
State Board of Education shall call for new recommendations from the Text-book
Commission on that book and proceed as in the first instance.
C. S. (Ill), 5731.
Sec. 322. Classification of text-books. The text-books in use in the public
schools are hereby divided into two classes: (1) major subjects, which
include readers, arithmetics, language and grammar, history and geography
;
and (2) all other books on all other subjects shall be considered as minor
subjects.
C. S. (Ill), 5732.
36
Sec. 323. Basal and supplementary books. That all text-books to be
adopted by the State Board of Education shall be basal books or supplemen-tary
books necessary to complete the course of study.
C. S. (Ill), 5733; 1933, c. 464, s. 2.
Sec. 324. Adoption of supplementary books. The State Board of Educa-
Hon is hereby authorized to select and adopt all supplementary books and
instructional material necessary to complete the course of study for all
schools. Such supplementary books shall neither displace or (nor) be used
to the exclusion of basal books.
C. S. (Ill), 5734; 1933, c. 464, s. 3.
Sec. 325. The Text-Book Commission. The Governor and the Superin-tendent
of Public Instruction shall appoint a Text-book Commission composed
of seven members to be selected from among the teachers, supervisors,
principals, and superintendents actually engaged in school work in the State,
to serve for five years or untii their successors are appointed and qualified,
and the Governor and Superintendent of Public Instruction shall have au-thority
to fill any vacancy that may occur in the Text-book Commission, or
to remove for sufficient cause any member of the Commission.
C. S. (Ill), 5735.
Sec 326. Organization of commission. Immediately after the appoint-ment
of the Text-book Commission the Superintendent of Public Instruction
shall cause said Text-book Commission to meet in his office and organize by
electing a chairman and secretary, and shall adopt such rules and regula-tions
to govern their work as may be deemed necessary, subject to the
approval of the State Superintendent of Public Instruction. The work of
the Text-book Commission shall then be apportioned among the members,
and the rules and regulations governing its work shall be published in the
daily papers, and a copy shall be sent to all publishers that may submit bids
and samples of books for adoption.
The several members of the Text-book Commission may work independ-ently,
seeking information from every legitimate source, but if the members
of the Text-book Commission receive information from representatives of
book companies they shall keep a record of each such visit and the purpose
of the visit.
C. S. (Ill), 5736.
Sec 327. Compensation of commission. Each member of the Text-book
Commission shall be paid out of any funds under the control of the State
Board of Education upon the approval of the budget bureau, on the requisi-tion
of the Superintendent of Public Instruction, two hundred dollars ($200)
for services, and, in addition, the necessary traveling expenses authorized
by the Superintendent of Public Instruction. Provided, that the chairman
of this Commission shall be paid two hundred and twenty-five dollars ($225).
The members so appointed shall serve for a period of five years, or until
their successors are appointed, and shall be subject to the call of the State
Board of Education at any time during their term of service : Provided
further, that for any service rendered more than one year after appointment
each member shall be paid a per diem of five dollars ($5) and necessary
traveling expenses.
C. S. (Ill), 5737.
37
Sec. 328. Duties of commission. The Text-book Commission shall first
prepare, subject to the approval of the Superintendent of Public Instruction,
and publish at the expense of the State, an outline course of study setting
forth what subjects shall be taught in each of the elementary grades. It
shall give in outline the number of basal and supplementary books on each
subject to be used in each grade in accordance with the law. All text-books
which are to be adopted by the State Board of Education shall be basal books
or supplementary books.
After the outline course of study has been prepared and published, the
Text-book Commission shall then prepare a multiple list of basal books to be
submitted to the State Board of Education. The multiple list shall contain,
not less than four nor more than eight books or series of books on all subjects
for each grade.
On or before February first, one thousand nine hundred and twenty-two,
the chairman of the Text-book Commission shall submit to the Superin-tendent
of Public Instruction a report setting forth the multiple list of
books that have been selected in conformity with the outline course of study.
No book shall be included in the multiple list that a majority of the Text-book
Commission deems unsuitable, or that does not conform to the outline
course of study.
The Text-book Commission shall report whether any of the major sub-jects
containing a series of books may be divided, taking one part from one
series and another part from another series of books on the same subject,
and the Commission's report in this respect shall be binding on the State
Board of Education.
C. S. (Ill), 5738; 1933, c. 464, s. 4.
Sec. 329. State Board of Education makes all contracts. The State Board
of Education shall make all needful rules and regulations governing the
advertisement for bids, when and how prices shall be submitted, when
and how sample books for adoption shall be submitted, the nature of the
contract to be entered into between the State Board of Education and the
publishers, the nature and kind of bond, if any is necessary, and all other
needful rules and regulations governing the adoption of books for all public
schools not otherwise specified in this Act. After a contract has been
entered into between the State Board of Education and the publisher, if the
publisher shall fail to keep its contract as to prices, distribution of books,
etc., the Attorney-General shall bring suit against said company, when
requested by the State Board of Education, for such amount as may be
sufficient to enforce the contract or to compensate the State because of the
loss sustained by a failure to keep this contract.
- C. S. (Ill), 5739; 1933, c. 464, s. 5.
Sec. 329(a). That the said Board of Education be and it is hereby
authorized and empowered in its discretion to purchase and/or acquire a
manuscript or manuscripts for school text-books or supplementary books used
or to be used in any or all grades of the public schools of North Carolina and
to procure the printing and publishing of such books under contract through
competitive bids or otherwise as it may in its discretion determine to be for
the best interest of the public schools of the State; and if said Board of
Education finds that by the acquisition of any such manuscript or manu-scripts,
and that by the making of any such contract for any such school
38
books, either basal or supplementary, such books can be furnished to the
public schools of the State at a price less than the same may be acquired
from publishers, then it shall be the duty of said Board of Education to
acquire such manuscripts and cause the same to be published and said books
to be distributed in accordance with such rules and regulations and under
such terms and conditions as it may deem, advisable, having due regard to
the standard of the school books so published, after taking into consideration
the substance of such books and their adaptability for use in the schools of
the State.
1933, c. 464, s. 6.
Sec. 329(b). The State Board of Education, is authorised and empowered
to make and enter into all such contracts as may be necessary to provide for
the proper distribution of text-books either through a depository or deposi-tories,
or through the State Division of Purchase and Control or other
State agency, utilizing County Boards of Education or City Boards of Trustees,
if found feasible, for local distribution, as to it may seem advisable; and
is further authorized and empowered to make all needed rules, regulations
and contracts governing the disposition, sale, and return of school books as
are not disposed of to the patrons of the schools, and to determine the nature
of the contract or contracts to be entered into between the State Board of
Education and the publisher or publishers, for the distribution of school
text-books adopted by it or in use in any of the public schools of the State.
It may also determine the nature and kind of bond, if necessary, to be given
by any depository or other agency carrying out the terms of this Act, to the
end that school text-books shall be delivered to the patrons of the schools
at the lowest possible net cost.
1933, c. 464, s. 7.
Sec. 330. Not more than one major subject to be changed in any one year.
At the expiration of the present contracts between the State Board of Edu-cation
and the publishers not more than one major and two minor subjects
shall be changed in any one year, provided satisfactory arrangements as to
prices and distribution may be made.
C. S. (Ill), 5740.
Sec 331. Publishers to register all agents or employees. Publishers sub-mitting
books for adoption shall register in the office of the State Superin-tendent
of Public Instruction all agents or other employees of any kind
authorized to represent said company in the State, and this registration list
shall be open to the public for inspection.
C. S. (Ill), 5741.
Sec 332. Contracts now in force not affected. All contracts heretofore
entered into between publishers and the State of North Carolina shall in no
wise be affected by amendments to Chapter 145, Public Laws 1921.
C. S. (Ill), 5742.
39
LAWS of 1931
AN ACT TO PROMOTE ECONOMY AND EFFICIENCY IN THE OPERA-TION
OF THE PUBLIC HIGH SCHOOLS OF THE STATE OF NORTH
CAROLINA BY PROVIDING FOR A UNIFORM ADOPTION OF HIGH
SCHOOL TEXT-BOOKS.
The General Assembly of North Carolina do enact:
Section 1. That the State Board of Education is hereby authorized to
adopt text-books for the use in all public high schools of the State, supported
in whole or in part out of public funds, and the high school text-books adopted
by the State Board of Education in accordance with the provisions of this
Act shall be used by all the public high schools of the State.
Sec. 2. That the Governor and the State Superintendent of Public Instruc-tion,
at the expiration of the present high school text-book contracts, shall
appoint a State Committee on high school text-books, consisting of five
members, five of whom are actively engaged in school work, who shall serve
for a term of five years without compensation except for reimbuursement out
of the State Treasury upon the requisition of the State Superintendent of
Public Instruction for actual expenses incurred by attendance upon meetings
of the committee that may be called by or under the direction of the State
Superintendent of Public Instruction.
Sec. 3. That it shall be the duty of the State Committee on high school
text-books to list all the high school fields of instruction in five separate
groups as nearly equal as possible in the cost of text-books. The committee
on high school text-books shall further arrange these groups in the order in
which they will be considered, and notify the State Board of Education in
its first report of this arrangement. During the first year of its term of
office, it shall be the further duty of the State Committee on high school
text-books to make a thorough examination of any and all books submitted
by any publisher in the first group of fields of instruction as arranged by
said State Committee on high school text-books, with a view of determining
whether the contents, quality and price of said books are such as to make
them suitable and desirable for use in the public high schools of the State,
and submit, not later than the first day of January, one thousand nine
hundred and thirty-four, a multiple list not exceeding three books in each
field of instruction in the first group. Not later than January first in each
succeeding year, the State Committee on high school text-books shall make a
similar report on the fields of instruction in the order fixed by it, unless it
receives a notice from the State Board of Education prior to May first in
said year that such report is not desired.
Sec. 4. That it shall be the duty of the State Board of Education to
select one book in each field of instruction from the multiple list submitted
by the State Committee on high school text-books for exclusive use in the
public high schools of the State for a period not less than five years. In
case the State Board of Education finds it impossible to make a satisfac-
40
tory contract for any one of the books on the multiple list, then it shall
notify the State Committee on high school text-books that it cannot make a
satisfactory contract for any book on the multiple list in that field of
insruction. The State Committee on high school text-books shall then
submit another multiple list in that field of instruction from which the
State Board of Education shall make an adoption. It shall be the further
duty of the State Board of Education to make an indefinite contract with
all the publishers having books in groups two, three, four, and five for a
period not less than one year nor more than five years, and these books
shall continue in use until the State Board of Education, in accordance with
the provisions of this Act, shall adopt a book for State-wide use in any given
field of instruction : Provided, that the contract shall require each publisher
to report annually to the State Board of Education the total sales of each
book in the State of North Carolina.
Sec. 5. That after a contract has been entered into between the State
Board of Education and the publisher, if the publisher shall fail to keep its
contract as to prices, distribution of books, an adequate supply of the edition
of books as adopted, etc., the Attorney-General shall bring suit against said
company when requested by the State Board of Education, for such an
amount as may be sufficient to enforce the contract or to compensate the
State because of the loss sustained by failure to keep this contract.
Sec. 6. That if the publishers of any high school text-books on the
adopted list in this State shall contract with another state, or with any
county, city or town or other municipality, or shall place its books on sale
anywhere in the United States, for or at a less price than that in its contract
with the State of North Carolina, it shall be, and is hereby made a part of
the contract of that company to furnish that book to the high schools of
this Stae at a price not to exceed that for which the book is furnished, sold,
or placed on sale in any other state, or in any such other county, city, town
or other municipality.
Sec 7. That the text-books for high school instruction adopted under the
provisions of this Act shall be for the exclusive use of the high schools of
this State when so adopted and placed upon the approved list in the manner
as set out in this Act.
Sec. 8. That this article shall become a part of the Public School Laws of
the State of North Carolina, and that any sections which conflict with sec-tions
herein are hereby repealed.
Sec 9. That this Act shall be in force and effect from and after its ratifi-cation.
Ratified this the 4th day of May, A.D. 1931.
41
AN ACT TO PREVENT THE AWARDING OF CONTRACTS BY BOARD
OR OFFICERS OF COUNTEES, CITIES, TOWNS, OR OTHER SUB-DIVISIONS
OF THE STATE UNTIL COMPETITIVE BDJS ARE RE-CEIVED
THEREFOR.
The General Assembly of North Carolina do enact:
Section 1. That no contract for construction or repair work, or for the
purchase of apparatus, supplies, materials or equipment, involving the
expenditure of public money, the estimated cost of which amounts to or
exceeds one thousand ($1,000) dollars, except in cases of special emergency
involving the health or safety of the people or their property, shall be
awarded by any Board or Governing Body of any County, City, Town or
other subdivision of the State, unless proposals for the same shall have
been invited by advertisement once in at least one newspaper having gen-eral
circulation in the County, City, Town or other subdivision, the publi-cation
to be at least one week before the time specified for the opening of
said proposals : Provided, if there is no newspaper published in the County
and the estimated cost of the contract is less than two thousand ($2,000)
dollars, such advertisement may be either published in some newspaper
as required herein or posted at the courthouse door not later than one
week before the opening of the proposals in answer thereto, and in the
case of a City, Town or other subdivision wherein there is no newspaper
published and the estimated cost of the contract is less than two thousand
($2,000) dollars, such advertisement may be either published in some
newspaper as required herein or posted at the courthouse door of the
County in which such City, Town or other subdivision is situated and at
least one public place in such City, Town or other subdivision. Such adver-tisement
shall state the time and place where plans and specifications of
proposed work, or complete description of apparatus, supplies, materials
or equipment may be had and the time and place for opening the pro-posals
in answer to such advertisement, and shall reserve to said Board
or Governing Body the right to reject any or all such proposals. All such
proposals shall be opened in public, shall be recorded on the minutes of
the Board or Governing Body and the award, if any be made, shall be
made to the lowest responsible bidder, taking into consideration quality
and the time specified in the proposal for performance of the contract. Each
proposal shall be accompanied by a deposit with the Board or Governing
Body of cash or a certified check on some bank or trust company organized
under the laws of this State, of an amount equal to not less than two per
centum (2%) of the proposal; said deposit to be retained in the event of
failure of the successful bidder to execute the contract within ten days after
the award or to give satisfactory surety as required herein. All contracts
required herein shall be executed in writing, and where the amount involved
is two thousand ($2,000) dollars or more, the Board or Governing Body shall
require the person, firm or corporation to whom the award of contract is
made to furnish bond in some surety company authorized to do business in
this State to require a deposit of money, certified check or Government securi-ties,
for the full amount of said contract for the faithful performance of the
terms of said contract, and no such contract shall be altered except by
written agreement of the contractor, the sureties on his bond, and the Board
or Governing Body. Such surety bond or other securities as required herein
42
shall be deposited with the Treasurer of the unit until the contract has been
carried out in all respects.
Sec. 2. That all contracts for construction or repair work or for the
purchase of apparatus, supplies, materials or equipment made by any
officer, department, board, or commission of any County, City, Town or other
subdivision of this State, except as otherwise required by this Act when
practical, and involving expenditure of public money of two hundred ($200)
dollars or more shall be awarded to the lowest responsible bidder after infor-mal
bids have been secured, and it shall be the duty of such officer, depart-ment,
board or commission to keep a record of all bids submitted, such record
to be subject to public inspection at any time.
Sec. 3. That no bill or contract shall be divided for the purpose of evad-ing
any provisions of this Act.
Sec. 4. This Act shall be administered subject to all the provisions of
the Local Government Act passed at this session of the General Assembly,
and nothing herein contained shall be construed as in anywise repealing,
amending or affecting any of the provisions of said Local Government Act.
Sec. 5. That all laws or clauses of laws in conflict with the provisions of
this Act shall be and the same are hereby repealed.
Sec. 6. That this Act shall be in force and effect from and after July
first, one thousand nine hundred and thirty-one.
Ratified this the 1st day of May, A.D. 1931.
VACANCIES IN OFFICE OF COUNTY BOARD OF EDUCATION
5416. Vacancies in office. All vacancies in the membership of the Board
of Education in such counties by death, resignation, or otherwise shall be
filled by the action of the County Executive Committee of the political party
of the member causing such vacancy until the meeting of the next regular ses-sion
of the General Assembly, and then for the residue of the unexpired term
by that body. If the vacancy to be filled by the General Assembly in such
cases shall have occurred before the primary or convention held in such
County, then and in that event, nominations for such vacancies shall be
made in the manner hereinbefore set out, and such vacancy shall be filled
from the candidates nominated to fill such vacancy by the party primaries or
convention of such County. All vacancies that are not filled by the County
Executive Committee under the authority herein contained within thirty days
from the occurrence of such vacancies shall be filled by appointment by the
State Board of Education. (C. S. 5408.)
1923, c. 136, s. 16; 1931, c 380, ss. 1, 2.
43
MENTAL INCAPACITY AN EXCUSE FOR NON-ATTENDANCE
Sec. 348. State Board of Education to make rules and regulations;
method of enforcement. It shall be the duty of the State Board of Edu-cation
to formulate such rules and regulations as may be necessary for
the proper enforcement of the provisions of this article. The Board shall
prescribe what shall constitute truancy, what causes may constitute legiti-mate
excuses for temporary non-attendance due to physical or mental inability
to attend, and under what circumstances teachers, principals, or superin-tendents
may excuse pupils for non-attendance due to immediate demands
of the farm or the home in certain seasons of the year in the several sections
of the State. It shall be the duty of all school officials to carry out such
instructions from the State Board of Education, and any school official failing
to carry out such instructions shall be guilty of a misedemeanor. Provided,
that the preceding section shall not be in force in any City or County that
has a higher compulsory attendance law now in force than that provided
herein ; but in any such case it shall be the duty of the State Board of Educa-tion
to investigate the same and decide that any such law now in force has a
higher compulsory attendance feature than that provided by this article
:
Provided, that wherever any district is without adequate buildings for the
proper enforcement of this article, the County Boards of Education may be
allowed not more than two years from July the first, one thousand nine hun-dred
and nineteen, to make full and ample provision in every district.
Mental incapacity shall be an excuse for non-attendance, and is inter-preted
to mean feeble-mindedness or such nervous disorder as to make it
either impossible for such child to profit by instruction given in the school
or impracticable for the teacher properly to instruct the normal pupils of
the school. In the case of feeble-minded children the teacher shall designate
the same in her reports to the County Superintendent of Public Welfare, and
it shall be his duty to report all such cases to the State Board of Charities
and Public Welfare. Whereupon said Board shall make, or cause to be made,
an examination to ascertain the mental incapacity of said child and report
the same to the County or City Superintendent involved. Upon receipt of
said report the local school authorities are hereby authorized, under such
limitations and rules as the State Board of Education may adopt, to exclude
said child from the public sclwol when it is ascertained that the child cannot
benefit by said instruction and his presence becomes a source of disturbance
to the rest of the children. In all such cases in which a child is excluded
from school a complete record of the whole transaction shall be filed in the
office of the County or City Superintendent and kept as a public record.
C. S. (Ill), 5758; 1931, c. 453, s. 1. 194 N. C, 620.
44
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This book must not
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Library building.
PUBLICATION NO. 185
School Legislation
SESSION 1935
AND
CERTAIN LAWS OF
1931 and 1933
Issued by the
State Superintendent of Public Instruction
Raleigh, North Carolina
CONTENTS
LAWS OP 1935
Page
An Act to provide for the administration and operation of a uniform
system of public schools of the State for the term of eight months
without the levy of an ad valorem tax therefor, (c. 455).. 5
An Act to appoint certain members of the boards of education of the
respective counties of North Carolina, fix their terms of office, and
limit compensation at State expense, (c. 296) 17
An Act to amend Chapter two hundred and two, Public Laws of one
thousand nine hundred and thirty-three, relating to the appointment
and election of county superintendents of public instruction and
district school committeemen, and to re-enact the said law. (c. 144) 21
An Act to authorize the transfer of school district sinking funds to
county treasurers, (c. 242) 22
An Act to provide the issuance of school district refunding and fund-ing
bonds, (c. 450) 23
An Act providing for the funding or refunding of principal and interest
of loans made from the State Literary Fund and from any Special
Building Fund of the State, (c. 399) 24
An Act to provide for the collection of delinquent amounts due the State
Literary and School Building Revolving Fund from the various
counties, (c. 411 ) 24
An Act to provide compensation for school children killed and/or
injured whlie riding on a school bus to and from the public schools
of the State: and to authorize the State School Commission to set
aside certain funds for that purpose out of which medical and hos-pital
expenses and death claims shall be paid. (c. 245) 25
An Act to require any person, partnership, association of persons, or
corporation that may hereafter be organized as business schools in
North Carolina to comply with their contracts with the students, etc.,
who matriculate with them for the purpose of taking commercial
courses in accounting, bookkeeping, stenography, stenotypy, telegra-phy,
typing and other branches generally included in the curriculum
of such schools; to require such institutions, before collecting fees,
tuition, and other expenses from students who desire to take such
courses in such institutions, to enter into a bond executed by stand-ard
and solvent guaranty companies guaranteeing the refund of
such fees, tuition, and other expenses as are paid in case the pro-moters,
officers, and agents of such institutions fail to comply with
their contract; to provide penalties for failure to refund to any
student the amounts whenever the promoters, officers, and agents
of such institutions fail to comply with their contract to give and
furnish training in commercial courses according to the contract
entered into. (c. 255) 27
An Act to provide a rental system for text-books used in the public
schools of the State and to promote economy and efficiency in the
adoption of text-books, (c. 422) 29
An Act to incorporate the North Carolina Thrift Society. (1933, c. 385;
19 35, c. 489) 31
An Act to provide instruction in thrift and saving in the public schools
of the State. (1933, c. 481; 1935, c. 489) 33
An Act to require the public schools of the State to furnish adequate
and scientific instruction in the subject of alcoholism and narcotism.
(1929, c. 96; 1935, c. 404) 33
LAWS OF 1933
An Act to promote further efficiency in public schools. (1933, c. 220) 35
Advertisement and sale of school property. (1923, c. 136, s. 62; 1933,
c. 494) 35
Text-books for elementary grades. (1923, c. 136, art. 30; 1933, c. 464) 36
LAWS OF 1931
An Act to promote economy and efficiency in the operation of the public
high schools of the State of North Carolina by providing for a uniform
adoption of high school text-books. (19 31, c. 430) 40
An Act to prevent the awarding of contracts by board or officers of
counties, cities, towns or other sub-divisions of the State until com-petitive
bids are received therefor. (1931, c. 338) 41
Vacancies in office of county board of education. (1923, c. 136, s. 16;
1931, c. 380, ss. 1, 2) 43
Mental incapacity an excuse for non-attendance. (C. S. Ill, 5758;
1931, c. 453, s. 1; 194 N. C, 620) 44
SCHOOL LEGISLATION
ENACTED BY THE GENERAL ASSEMBLY SESSION 1935
AND CERTAIN LAWS OF 1931 AND 1933
AN ACT TO PROVIDE FOR THE ADMINISTRATION AND OPERATION
OF A UNIFORM SYSTEM OF PUBLIC SCHOOLS OF THE STATE FOR
THE TERM OF EIGHT MONTHS WITHOUT THE LEVY OF AN AD
VALOREM TAX THEREFOR.
The General Assembly of North Carolina do enact:
Section 1. Appropriation. That the appropriation made under title
nine of "An Act to Make Appropriations for the Maintenance of the State's
Departments, Bureaus, Institutions, and Agencies, and for Other Purposes"
of the sum of twenty million thirty-one thousand ($20,031,000) dollars
"for the support of the eight-months' term public schools" for the year
ending June thirtieth, one thousand nine hundred thirty-six, and the sum
of twenty million nine hundred thousand ($20,900,000) dollars "for the
support of the eight-months' term public schools" for the year ending June
thirtieth, one thousand nine hundred thirty-seven, shall be apportioned
for the operation of an eight-months' State-wide school term as herein-after
provided.
Sec. 2. State School Commission The State School Commission shall be
constituted as follows: The Lieutenant-Governor as ex-officio Chairman,
the State Superintendent of Public Instruction as Vice-Chairman, the State
Treasurer, and one member from each congressional district to be ap-pointed
by the Governor. The said appointive members shall serve for a
period of two years from the time of their appointment and receive such
compensation as now provided by law. All the powers and duties hereto-fore
conferred by law upon the State Board of Equalization, and the State
School Commission, together with such other powers and duties as may
be conferred by this Act, shall be vested in the State School Commission.
The said School Commission may appoint an Executive Secretary who shall
select other employees necessary for the proper administration of this Act
to be approved by the State School Commission, subject to provisions of
Chapter two hundred seventy-seven, Public Laws of one thousand nine
hundred and thirty-one. The cost and expenses of said Commission shall
be paid out of the appropriation made for the public schools as provided in
Section one of this Act.
Section two of Chapter five hundred sixty-two, Public Laws of one thou-sand
nine hundred and thirty-three, is hereby repealed.
Sec 3. Duties of the Commission. In addition to the duties and powers
vested in the State School Commission as set out in Section two of this Act,
together with such other powers as may be conferred by law, it shall be
the duty of the said Commission, in accordance with the provisions of this
Act, to administer funds for the operation of the schools of the State for
one hundred sixty days on standards to be determined by said Commission
and within the total appropriation made available by the General Assembly.
Sec. 4. Length of School Term. That the six months' school term re-quired
by Article nine of the Constitution is hereby extended to embrace
a total of one hundred sixty days of school in order that there shall be
operated in every county and district in the State, which shall request the
same, a uniform term of eight months: Provided, that the State School
Commission, or the governing body of any administrative unit, may suspend
the operation of any school or schools in such unit, not to exceed a period
of forty days of said consolidated term, when in the sound judgment of
said Commission, or the governing body of any administrative unit, the
low average in any school does not justify its continuance, or necessity
may require it: Provided, that all schools served by the same school bus
or busses shall have the same opening date. Provided further, that any
balance of the State funds which may have been allocated to operate the
said consolidated term, not actually operated as planned, shall be and
remain in the State Treasury and become a part of the State School Fund
for the next succeeding year.
A school month shall consist of four weeks and not less than twenty
teaching days, no day of which shall be a Saturday, unless in case of
emergency, and subject to the approval of the local committee; and salary
warrants for the payment of all State teachers, principals, and others
employed for the school term shall be issued each school month to such
persons as are entitled to same. The salaries of superintendents and others
employed on an annual basis shall be paid per calendar month.
Sec. 5. ScJwol Organization. The State School Commission, in making
provision for the operation of the schools, shall classify each county as an
administrative unit and shall, with the advice of the County Board of Edu-cation,
make a careful study of the existing district organization in each
county administrative unit and may modify such district organization when
deemed necessary for the economical administration and operation of the
State school system and shall determine whether there shall be operated
in such district an elementary or a union school. Provisions shall not be
made for a high school with an average daily attendance of less than sixty
pupils, nor an elementary school with an average daily attendance of less
than twenty-five pupils, unless geographic conditions make it impracticable
to provide for them otherwise.
Any distx'ict having a school population of one thousand or more for the
school year one thousand nine hundred thirty-four - one thousand nine
hundred thirty-five in which a special charter district was operated for the
school year one thousand nine hundred thirty-two - one thousand nine
hundred thirty-three may, with the approval of the State School Commis-sion,
be classified as a city administrative unit, and, together with such
city administrative units as now constituted, shall be dealt with by the
State School authorities in all matters of school administration in the
same way and manner as are county administrative units: Provided, that
in all city administrative units as now constituted, or which may hereafter
be established by the said School Commission, the trustees of the said
special charter district, and their duly elected successors, shall be retained
as the governing body of such district; and the title to all property of the
said special charter district shall remain with such trustees, or their suc-
6
cessors: Provided, that nothing in this Act shall prevent city administra-tive
units, as now established or which hereafter may be set up, from con-solidating
with the county administrative unit in which such city adminis-trative
unit is located, upon petition of the trustees of the said city ad-ministrative
unit and the approval of the county board of education and
the county board of commissioners in said county: Provided, further, that
in the event of such consolidation, all property vested in the trustees of
such city administrative units shall be transferred to and become the
property of the county board of education in said county: Provided, fur-ther,
that nothing in this Act shall affect the right of any special charter
district, or special tax district which now exists for the purpose of retiring
debt service, to have the indebtedness of such district taken over by the
county as provided by existing law, and nothing herein shall be construed
to restrict the county board of education and /or the board of county com-missioners
in causing such indebtedness to be assumed by the county as
provided by existing law. Provided, that nothing in this Act shall be
construed to prevent the State School Commission from establishing a city
administrative unit in school districts which have a resort town in said
district: Provided, said district had a school enrollment of not less than
eight hundred fifty for the school year one thousand nine hundred thirty-four
- one thousand nine hundred thirty-five.
Sec. 6. Administrative Officers. The administrative officer in each of
the units designated by the State School Commission shall be a county
superintendent of schools for a county administrative unit and a city
superintendent of schools for a city administrative unit. The salaries of
county superintendents and city superintendents shall be in accordance
with a State standard salary schedule to be fixed and determined by the
State Board of Education and the State School Commission as provided
for in Section twelve of this Act: Provided, that it shall be lawful for the
county superintendent of schools in any county, with the approval of the
State Superintendent of Public Instruction, to serve as principal of a
high school of said county; and the sum of not exceeding three hundred
dollars ($30 0.00), to be paid from State instructional service funds, may
be added to his salary and shall be included in the budget approved by
the State School Commission: Provided, further, that a county superinten-dent
may also be elected and serve as a city superintendent in any city ad-ministrative
unit in the county which he serves as county superintendent:
Provided further, that a county superintendent may serve as welfare officer
and have such additional compensation as may be allowed by the county
commissioners of such county, to be paid from county funds, subject to
the approval of the State School Commission.
At a meeting to be held the first Monday in May, one thousand nine
hundred thirty-five, or as soon thereafter as practical, and biennially there-after
during the month of May, the various county boards of education shall
meet and elect a county superintendent of schools, subject to the approval
of the State Superintendent of Public Instruction and the State School
Commission, who shall take office July first and shall serve for a period
of two years, or until his successor is elected and qualified. A certification
to the county board of education by the State Superintendent of Public
Instruction showing that the person proposed for the office of county
superintendent of schools is a graduate of a four-year standard college,
or at the present time holds a superintendent's certificate, and has had
three years' experience in school work in the past ten years, together with
a doctor's crtificate showing the person to be free from any contagious
disease, shall make any citizen of the State eligible for this office.
In all city administrative units, the superintendent of schools shall be
elected by the board of trustees, or other school governing agency of such
unit, to serve for a period of two years; and the qualifications, approval,
and date of election shall be the same as for county superintendents. The
city superintendent is hereby made ex-officio secretary to the governing
body of said city administrative unit.
At its first regular meeting in April, or as soon thereafter as practicable,
the board of trustees, or other governing board of a city administrative
unit, shall elect principals, teachers, and other necessary employees of the
schools within said unit on the recommendation of the city superintendent.
Sec. 7. School Committees. At the first regular meeting during the
month of May, one thousand nine hundred thirty-five, or as soon there-after
as practical, and biennially thereafter, the county boards of edu-cation
shall elect and appoint school committees for each of the several
districts in their counties consisting of not less than three nor more than
five persons for each scnool district, whose term of office shall be for two
years: Provided, that in the event of death or resignation of any member
of said school committee, the county board of education shall be em-powered
to select and appoint his or her successor to serve the remainder
of the term. The said district committee shall select the teachers and
principals for the schools of the districts subject to the approval of the
county superintendent and the county boards of education: Provided fur-ther,
that the county board of education may appoint an advisory com-mittee
of three members for each school building in the said school
district, who shall care for the school property, advise with the district
committee in recommending teachers, and such other duties as may be
defined by the county board of education.
Sec. 8. Organisation Statement and Allotment of Teachers. On or be-fore
the twentieth day of May in each year, the several administrative
officers shall present to the State School Commission a certified statement
showing the organization of the schools in their respective units, together
with such other information as said Commission may require. The organi-zation
statement as filed for each administrative unit shall indicate the
length of term the State is requested to operate the various schools for
the following school year, and the State shall base its allotment of funds
upon such request. On the basis of such organization statement, together
with all other available information, and under such rules and regulations
as the State School Commission may promulgate, the State School Com-mission
shall determine for each administrative unit, by districts and
races, the number of elementary and high school teachers to be included
in the State budget.
It shall be the duty of the governing body in each administrative unit,
after the opening of the schools in said unit,to make a careful check of
the school organization and to request the State School Commission to
make changes in the allocation of teachers to meet requirements of the
said unit.
Sec. 9. Objects of Expenditure. The appropriation of State funds, as
provided under the provisions of this Act, shall be used for meeting the
costs of the operation of the public schools, as determined by the State
School Commission, for the following items:
1. General Control
—
a. Salaries of superintendents
b. Travel of superintendents
c. Salaries of clerical assistants for superintendents
d. Office expense of superintendents
e. Per diem county boards of education in the sum of one hundred
dollars to each county
f. Audit of school funds
2. Instructional Service
—
a. Salaries for white teachers, both elementary and high school
b. Salaries for colored teachers, both elementary and high schcool
c. Salaries of white principals
d. Salaries of colored principals
e. Instrutcional supplies
3. Operation of Plant
—
a. Wages of janitors
b. Fuel
c. Water, light and power
d. Janitors' supplies
e. Telephone expense
4. Auxiliary Agencies
a. Transportation
(1) Drivers; and contracts
(2) Gas, oil, and grease
(3) Mechanics
(4) Parts, tires, and tubes
(5) Replacement buses
(6) Compensation for injuries and/or death of school children
as now provided by law
b. Libraries
In allotting funds for the items of expenditure hereinbefore enumerated,
provision shall be made for a school term of only one hundred sixty days,
and for those employees, only, who are paid wholly or in part from State
funds, in accordance with the provisions of this Act.
The State School Commission shall effect all economies possible in pro-viding
State funds for the objects of General Control, Operation of Plant,
and Auxiliary Agencies, and after such action shall have authority to
increase or decrease on a uniform percentage basis the salary schedule of
teachers, principals, and superintendents in order that the appropriation
of State funds for the public schools may insure their operation for the
length of term provided in this Act.
It shall be unlawful for any ad valorem taxes to be levied for the opera-tion
of the public school term except as hereinafter provided.
9
The objects of expenditure designated as Maintenance of Plant and
Fixed Charges shall be supplied from funds required by law to be placed
to the credit of the public school fund of the county and derived from fines,
forfeitures, penalties, dog taxes, and poll taxes, and from all other sources
except State funds: Provided, that when necessity shall be shown, the State
School Commission may approve the use of such funds in any administra-tive
unit to supplement any object or item of the current expense budget;
and in such cases, the tax levying authorities of the county administrative
unit shall make a sufficient tax levy to provide the necessary funds for
Maintenance of Plant, Fixed Charges, and Capital Outlay: Provided, fur-ther,
that the tax levying authorities in any county administrative unit,
with the approval of the State School Commission, may levy taxes to pro-vide
necessary funds for teaching vocational agriculture and home eco-nomics
and trades and industrial vocational subjects supported in part
from Federal Vocational Education funds: Provided, that nothing in this
Act shall prevent the use of Federal and/or privately donated funds which
may be made available for the operation of the public schools under such
regulations as the State Board of Education may provide.
Sec. 10. State Budget Estimate. The State budget estimate shall be
determined by the State School Commission for each county and city ad-ministrative
unit by ascertaining the sum of the objects of expenditure
according to and within the limits fixed by this Act, and within the mean-ing
of the rules and regulations promulgated by the State School Commis-sion;
and the certification of same shall be made to each county superin-tendent,
city superintendent, and the State Superintendent of Public In-struction
on or before June first of each year.
Sec. 11. Salary Costs. That upon receipt of notice from the State
School Commission of the total number of teachers, by races and for
county and city administrative units separately, the State Superintendent
of Public Instruction shall then determine, in accordance with the schedule
of salaries established, the total salary cost in each and every administra-tive
unit, for teachers, principals, and superintendents to be included in the
State budget for the next succeeding fiscal year for the consolidated school
term as herein defined. This amount, as determined from a check of the
costs for the preceding year with adjustments resulting from changes in
the allotment of teachers, shall be certified to the State School Commission,
together with the number of elementary and high school teachers and
principals employed in accordance with the provisions of this Act, sepa-rately
by races, and for city and county administrative units.
Sec. 12. State Standard Salary Schedule. The State Board of Educa-tion
and the State School Commission shall fix and determine a State
Standard Salary Schedule for teachers, principals, and superintendents,
which shall be the maximum standard State salaries to be paid from State
funds to the teachers, principals, and superintendents; and all contracts
with teachers and principals shall be made locally by the county boards
of education and/or the governing authorities of city administrative units,
giving due consideration to the peculiar conditions surrounding each em-ployment,
the competency and experience of the teacher or principal, the
amount and character of work to be done, and any and all other things
10
which might enter into the contract of employment, and shall also take
into consideration the grade of certificate such teacher or principal holds:
Provided, however, that the compensation contracted to be paid out of the
State funds to any teacher or principal shall be within the maximum salary
limit to be fixed by the State Board of Education and the State School
Commission, as above provided, and within the allotment of funds as made
to the administrative unit for the item of instructional salaries: Provided,
further, that no teacher or principal shall be required to attend summer
school during the years one thousand nine hundred thirty-five and one
thousand nine hundred thirty-six, and the certificate of such teacher or
principal as may have been required to attend such school shall not lapse
but shall remain in full force and effect, and all credits earned by summer
school and/or completing extension course or courses shall not be impaired
but shall continue in full force and effect.
It shall be the duty of the county boards of education and/or the govern-ing
bodies of city administrative units to cause written notice to be given
to teachers, principals, and superintendents, within thirty days after the
close of the school term, who have not been re-elected for the ensuing
school term: Provided, that such notice shall- not be required to be given
in the year one thousand nine hundred thirty-five except within thirty days
after the election of the district committees provided for in Section seven
herein.
In the employment of teachers, no rule shall be made or enforced on the
ground of marriage or non-marriage.
Sec. 13. Principals Allowed. In all schools with fewer than fifty teach-ers
allowed under the provisions of this Act, the principal shall be included
in the number of teachers allowed. In schools with fifty or more teachers,
one whole-time principal shall be allowed; and for each forty teachers
in addition to the first fifty, one additional whole-time principal, when and
if actually employed, shall be allowed: Provided, that in the allocation of
State funds for principals, the salary of white principals shall be deter-mined
by the number of white teachers employed in the white schools; and
the salary of colored principals shall be determined by the number of
colored teachers employed in the colored schools.
Sec. 14. Local Supplements. The county board of education in any
county administrative unit and the school governing board in any
city administrative unit with the approval of the tax levying authorities in
said county or city administrative unit, and the State School Commission,
in order to operate the schools of a higher standard than that provided by
State support, but in no event to provide for a term of more than one
hundred eighty days, may supplement any object or item of school expendi-ture:
Provided, that before making any levy for supplementing State bud-get
allotments, an election shall be held in each administrative unit to
determine whether there shall be levied a tax to provide said supplemental
funds, and to determine the maximum rate which may be levied therefor.
Upon the request of the county board of education in a county administra-tive
unit and/or the school governing authorities in a city administrative
unit, the tax levying authorities of such unit shall provide for an election
11
to be held under laws governing such elections as set forth in Articles
XXIII, XXIV and XXVI of Chapter ninety-five of the Consolidated Statutes
of North Carolina, Volume three: Provided, that the rate voted shall remain
the maximum until revoked or changed by another election.
Sec. 15. Local Budgets.
a. The request for funds to supplement State school funds, as permitted
under the above conditions, shall be filed with the tax levying authorities
in each county and city administrative unit on or before the fifteenth day
of June on forms provided by the State School Commission. The tax levy-ing
authorities in such units may approve or disapprove this supplemental
budget in whole or in part, and upon the approval being given, the same
shall be submitted to the State School Commission, which shall have the
authority to approve or disapprove any object or item contained therein.
In the event of approval, by the State School Commission, the same shall
be shown in detail upon the minutes of said tax levying body, and a
special levy shall be made therefor, and the tax receipt shall show upon
the face thereof the purpose of said levy.
b. In the same manner and at the same time, each county and/or city
administrative unit may file a Capital Outlay budget, subject to the ap-proval
of the tax levying authorities and the State School Commission.
c. In the same manner and at the same time, each county and/or city
administrative unit shall file a Debt Service budget, which shall include
Debt Service budgets of special bond tax districts, as set forth in Section
sixteen of this Act, and which shall be subject to the approval of the tax
levying authorities in each such unit and the State School Commission:
Provided, that nothing in this act shall prevent counties, local taxing dis-tricts,
and/or special charter districts from levying taxes to provide for
Debt Service requirements.
The tax levying authorities in each of the above named units filing bud-gets
from local funds shall report their action on said budgets on or before
the fifteenth day of July, and the same shall be reported to the State School
Commission on or before the first day of August. The action of the State
School Commission on all requests for local funds budgets shall be reported
to boards of education and/or school governing authorities of city adminis-trative
unite and the tax levying authorities in such units on or before the
first day of September.
All county-wide school funds shall be apportioned to county and city
administrative units and distributed monthly on a per capita school enroll-ment
basis.
Sec. 16. School Indebtedness. If a boundary, territorial district, or
unit in which a special bond tax has heretofore been voted or in any way
assumed prior to July first, one thousand nine hundred thirty-three, has
been or may be divided or consolidated, and the whole or a portion of which
has been or may be otherwise integrated with a new district so established
under any reorganization and/or redistricting, such territorial unit,
boundary, or district, special taxing or special charter, which has been
abolished for school operating purposes, shall remain as a district for the
12
purpose of the levy and collection of the special taxes theretofore voted in
any unit, boundary, or district, special taxing or special charter, for the
payment of bonds issued and/or other obligations so assumed, the said
territorial boundary, district, or unit shall be maintained until all neces-sary
taxes have been levied and collected therein for the payment of such
bonds and/or other indebtedness so assumed. Such boundary, unit, or
district shall be known and designated as the -
"Special Bond Tax Unit" of County.
All uncollected taxes which have been levied in the respective school dis-tricts
for the purpose of meeting the operating costs of the schools shall re-main
as a lien against the property as originally assessed and shall be col-lectible
as are other taxes so levied, and upon collection, shall be made a
part of the Debt Service fund of the special bond tax unit, along with such
.other funds as may accrue to the credit of said unit; and in the event there
is no Debt Service requirement upon such district, all amounts so collected
for whatever purpose shall be covered into the county treasury to be used
as a part of the county Debt Service for schools: Provided, that unpaid
teachers' vouchers for the year in which the tax was levied shall be a prior
lien: Provided further, that nothing in this Act shall be construed as
abolishing special taxes voted in any city administrative unit since July
first, one thousand nine hundred thirty-three.
Sec. 17. The Operating Budget. It shall be the duty of the county board
of education in each county and the school governing authorities in each
city administrative unit, upon receipt of the tentative allotment of State
funds for operating the schools and the approval of all local funds budgets,
including supplements to State funds for operating schools of a higher
standard, funds for extending the term, funds for Debt Service, and funds
for Capital Outlay, to prepare an operating budget on forms provided by
the State and file the same with the State Superintendent of Public Instruc-tion
and the State School Commission on or before the first day of October.
Each operating budget shall be checked by the State School Commission
to ascertain if it is in acordance with the allotment of State funds and the
approval of local funds; and when found to be in accordance with same,
shall be the total school budget for said county or city administrative unit.
Sec. 18. Bonds. That the State School Commission, subject to the ap-proval
of the Local Government Commission, shall determine and provide
all bonds necessary for the protection of the State school funds.
That the tax levying authorities in each county and city administrative
unit, subject to the approval of the Local Government Commission, shall
provide such bonds as the State School Commission may require for the
protection of county and district school funds.
Sec 19. Provision for the Disbursement of State Funds. That payment
of the State fund to the county and city administrative units may be made
in monthly installments, at such time and in such amounts as may be prac-tical
to meet the needs and necessities of the eight-months' school term in
the various county and city administrative units: Provided, that prior to
13
the payment of any monthly installment, it shall be the duty of the county
board of education or the board of trustees to file with the State Superin-tendent
of Public Instruction and the State School Commission a certified
statement of all salaries, together with all other obligations that may be
due and payable, said statement to be filed on or before the fifteenth day
of each month next preceding the maturity of the obligations.
When it shall appear to the State School Commission from said certified
statement that any amounts are due and necessary to be paid, such amounts
shall be certified to the State Superintendent, who shall draw a requisition
on the State Auditor covering the same; and upon receipt of notice from the
State Treasurer showing the amount placed to their credit, the duly con-stituted
authorities may issue State warrants in the amount so certified:
Provided, that no funds shall be released for payment of salaries of ad-ministrative
officers of county or city units if any reports required to be
filed by the State school authorities are more than thirty days over-due.
Sec. 20. How School Funds Shall be Paid Out. That school funds shall
be paid out as follows:
1. State School Funds. That school funds shall be released only on war-rants
drawn on the State Treasurer signed by the chairman and the secre-tary
of the county board of education for county administrative units and
by the chairman and the secretary of the board of trustees for city ad-ministrative
units and countersigned by such officer as the county govern-ment
laws may require.
2. County and District Funds. All county and district funds shall be
paid out only on warrants signed by the chairman and the secretary of
the board of education for counties and the chairman and the secretary of
the board of trustees for city administrative units and countersigned by
such officer as the county government laws may require.
Sec. 21. Audit. The State School Commission, in cooperation with the
Local Government Commission, shall cause to be made an audit of all
school funds, State, county and district; and the cost of said audit shall
be borne by each fund audited in proportion to the total funds audited, as
determined by the State School Commission. The tax levying authorities
for county and city administrative units shall make provision for meeting
their proportionate part of the cost of making said audit, as provided in
this Act.
Sec. 22. Workmen's Compensation and Sick Leave. The provisions of the
Workmen's Compensation Act shall be applicable to all school employees,
and the State School Commission shall make such arrangements as are
necessary to carry out the provisions of the Workmen's Compgnsation Act
as applicable to such employees. The State School Commission is hereby
authorized and empowered, in its discretion, to make provision for sick
leave with pay for any teacher or principal not exceeding five days and to
promulgate rules and regulations providing for necessary substitutes on
account of said sick leave.
14
Sec. 23. Purchase of Equipment and Supplies. It shall be the duty of
the county boards of education and/or the governing bodies of city adminis-trative
units to purchase all supplies and materials in accordance with
contracts awarded and/or with the approval of the State Division of Pur-chase
and Contract.
Sec. 24. School Transportation. The control and management of all
facilities for the transportation of public school children shall be vested
in the State of North Carolina under the direction and supervision of the
State School Commission, which shall have authority to promulgate rules
and regulations governing the organization, maintenance, and operation
of the school transportation facilities. The tax levying authorities in the
various counties of the State are authorized and empowered to provide
in the Capital Outlay budget adequate buildings and equipment for the
storage and maintenance of all school busses. Provision shall be made for
the adequate inspection each thirty days of each vehicle used in the trans-portation
of school children, and a record of such inspection shall be filed
in the office of the superintendent of the administrative unit. That it shall
be the duty of the administrative officer of each administrative unit to
require an adequate inspection of each bus at least once each thirty days,
the report or reports of which inspection shall be filed with the administra-tive
officer. Every principal upon being advised of any defect by the bus
driver shall cause a report of such defect to be made to this administrative
officer immediately, whose duty it shall be to cause such defect to be
remedied before such bus can be further operated. The use of school
busses shall be limited to the transportation of children to and from school
for the regularly organized school day: Provided, that in the discretion of
the county superintendent and the principal of the school, busses may be
used to transport children entitled to attend commencement exercises.
Sec. 25. Bus Routes. In establishing the route to be followed by each
school bus operated as a part of the State school transportation system, in
all schools where transportation is now or may hereafter be provided, the
State School Commission shall, unless road or other conditions make it
inadvisable, route the busses so as to get within one mile of all children
who live more than one and one-half miles from the school to which they
are assigned. The State shall not be required to provide transportation
for children living within one and one-half miles of the school in which
provision for their instruction has been made.
Sec. 26. Purchase of New Equipment. It shall be the duty of the State
of North Carolina to provide for the purchase of all school busses used as
replacements for old public-owned busses which were operated by the
State during the school year one thousand nine hundred thirty-four - thirty-five.
It shall be the duty of the tax levying authorities in the various
counties to make provision in the Capital Outlay budget for the purchase
of new busses needed to relieve overcrowding and to provide for the
transportation of children not transported in one thousand nine hundred
thirty-four - thirty-five; and the State shall provide for the operation of all
new busses purchased by the counties. It shall be the duty of the State
School Commission to promulgate rules and regulations that will insure
the greatest safety for the children possible, including a standard signaling
15
device for giving the public due notice that the bus is making a stop. Be-fore
purchasing any new school busses the State School Commission shall
cause to be made a thorough study of the most modern materials and con-struction
for insuring the safest equipment possible within the funds avail-able.
Sec. 27. Bus Drivers. The authority for selecting and employing the
drivers of school busses shall be vested in the principal or superintendent
of the school at the termination of the route, subject to the approval of
the school committeemen or trustees of said school and the county or city
superintendent of schools: Provided, that each driver shall be selected
with a view to having him located as near the beginning of the truck route
as possible; and it shall be lawful to employ student drivers wherever such
is deemed advisable. The salary paid each employee in the operation of
the school transportation system shall be in accordance with a salary
schedule adopted by the State School Commission for that particular type
of employee.
Sec. 28. Contract Transportation. In counties where school transporta-tion
is provided by contract with private operators, the State shall provide
funds for operating costs on the standards adopted for public-owned
busses, and it shall be the duty of the tax levying authorities in the various
counties to provide in the Capital Outlay budget the additional funds
necessary to pay contracts.
Sec. 29. Co-operation With Highway and Public Works Commission in
Maintenance of Equipment. The State School Commission is hereby
authorized to negotiate with the Highway and Public Works Commission
in coordinating all facilities for the repair, maintenance and upkeep of
equipment to be used by the State School Commission in the school trans-portation
system. In all cases where this is done the State Highway and
Public Works Commission shall be reimbursed in the amount of the actual
cost involved for labor and parts to be determined by an itemized state-ment
filed with the State School Commission.
It is the purpose of this Act to repeal Sections twenty-six, twenty-seven,
twenty-eight, twenty-nine, thirty, and thirty-one of the School Machinery
Act of one thousand nine hundred thirty-three.
Sec. 30. Lunch Rooms May be Provided. In such cases as may be deemed
advisable by the trustees or school committee in any school, and where the
same may be deemed necessary because of the distance of the said school
from places where meals may be easily obtained, it shall be competent for
the said trustees and the said school committees, as a part of the functions
of the said public schools, to provide cafeterias and places where meals may
be sold, and operate or cause the same to be operated for the convenience
of teachers, school officers and pupils of the said schools. There shall be no
personal liability upon the said trustees and school committees, or mem-bers
thereof, arising out of the operation of the said eating places, and it
is understood and declared that the same are carried on and conducted in
connection with the public schools, and because of the necessities arising
•out of the consolidation of the said schools and the inconvenience and
16
interruption of the school day caused by seeking the meals elsewhere:
Provided, that no part of the appropriation made by the State for the
public schools shall be expended for the operation of said cafeterias or
eating places, nor shall the provisions of Section twenty-two of this Act
apply to the employees of the cafeterias or eating places, except such per-sons
as are regularly employed otherwise in the schools.
Sec. 31. It shall be the duty of the county superintendent of public in-struction
to examine the records of the county to see that the proceeds
from the poll taxes and the dog taxes are correctly accounted for to the
school fund each year, and to examine the records of the several courts
of the county, including courts of justices of the peace, at least once every
three months to see that all fines, forfeitures and penalties, and any other
special funds accruing to the county school fund are correctly and promptly
accounted for to the school fund; and if the county superintendent shall
find that any such taxes or fines are not correctly and promptly accounted
for to the school fund, it shall be his duty to make prompt report thereof
to the State School Commission and also to the solicitor of the Superior
Court holding the courts in the district: Provided, that in any county hav-ing
a county auditor, county accountant, or county manager, that the duties
enjoined under the provisions of this section shall be performed by one of
said officers; and if there are two or more such officers in any county, then
by one of such officers in the order named.
It shall be unlawful for any of the proceeds of poll taxes, dog taxes, fines,
forfeitures, and penalties to be used for other than school purposes, and
the official responsible for any diversion of such funds to other purposes
shall be guilty of a misdemeanor, and, upon conviction, shall be punishable
by fine or imprisonment in the discretion of the court: Provided, however,
that this Section shall not be construed as making unlawful the use of such
portions of said funds for other purposes as may be provided by the pro-visions
of this Act.
Sec. 32. All Public, Public-Local, or Private Laws and clauses of laws in
conflict with this Act, to the extent of such conflict only, are hereby re-pealed.
If any section, part, paragraph, sentence or clause of this Act
shall be declared unconstitutional or invalid the same shall not affect the
validity of any of the remaining parts of this Act.
Sec. 33. This Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 11th
day of May, A.D. 19 35.
AN ACT TO APPOINT CERTAIN MEMBERS OF THE BOARDS OF EDU-CATION
OF THE RESPECTIVE COUNTIES OF NORTH CAROLINA,
FIX THEIR TERMS OF OFFICE, AND LIMIT COMPENSATION AT
STATE EXPENSE.
The General Assembly of North Carolina do enact:
Section 1. That the hereinafter named persons are hereby appointed mem-bers
of the County Boards of Education for the several counties in the State
as follows, to wit:
17
Alamance—Dr. J. C. Wilkins, E. J. Braxton, A. J. Ellington, J. J. Lambeth,
J. E. Sellers.
Alexander—George W. Watts, for a term of two years ; W. Shotwell Patter-son,
for a term of four years ; E. E. Lackey, for a term of six years.
Alleghany—John C. Halsey, G. N. Evans.
Anson—K. M. Hardison, for a term of six years.
Aslie—B. F. Kilby, Rev. Ed. Davis, David Burkett, each for a term of six
years.
Avery—Dr. R. H. Hardin, Carl Wiseman, H. B. Burleson.
Beaufort—C. F. Cowell, S. B. Ethridge, Dr. John Bonner, Dr. W. T. Ralph.
Ottis Barr.
Bertie—Henry Spruill, D. R. Britton.
Bladen—Walter H. Grimsley, for a term of two years ; Homer L. Tatum,
for a term of six years ; Dr. S. S. Hutchinson, for a term of six years.
Brunswick—W. Claude Gore, U. L. Rourk, each for a term of two years.
Buncombe—B. E. Morgan, C. J. Ebbs, Jas. S. Howell, J. C. Rich, J. V.
Erskine, A. O. Mooneyham, T. Luther Maney.
Burke—L. F. Brinkley, C. P. Whisenant, each for a term of two years ; Paul
Dale, for a term of four years ; J. E. Coulter, M. S. Arney, each for a term of
six years.
Cabarrus—W. R. Odell, for a term of two years ; Arthur K. Morrison,
George G. Allen. Olin D. Benson, each for a term of four years ; R. L. Hart-sell,
Harry E. Cline, each for a term of six years.
Caldwell—A. D. Abernathy, R. B. Bush, W. C. Taylor, E. L. Steele, J. E.
Shell.
Camden—George W. Burnham, R. L. Bray, G. S. Staples.
Carteret—C. V. Webb, for a term of six years.
Casicell—Claude G. Chandler, W. L. Miles, J. B. Turner.
Catawoa—N. J. Sigmon, for a term of four years ; Clarence Clapp, for a
term of six years.
Chatham—M. M. Bridgers, E. R. Hinton, Sam Hinton.
Cherokee—Fred. Martin, W. S. Dickey, R. H. King.
Chowan—S. E. Morris, Gertrude Cofleld Winslow, Fannie Lamb Wood, Isaac
Byrum, Luther Belch.
Clay—Frank C. Moore, for a term of two years ; John H. Brendle, for a
term of four years ; Fred. D. Pass, for a term of six years.
Cleveland)—G. D. Forney, J. L. Hord, O. F. Austell, A. L. Calton, Coy
McSwain.
Columbus—A. P. Rogers, F. T. Wooten, Carl Mears, R. G. Burns, I. T.
Newton.
Craven—C. A. Seifert, J. H. Elliott, Jather Peterson, R. L. Sermons, George
W. DeBruhl.
Cumberland—Alex. A. Davis, for a term of six years.
Currituck—Norman Hughes, H. G. Dozier, C. C. Boswood.
Dare—O. E. Mann, for a term of four years.
Davidson—Dr. F. L. Mock, Baxter Carter, H. Grady Sink.
Davie—J. B. Johnstone, I. P. Graham, George Evans.
Duplin—Robert M. Carr, for a term of two years ; John G. Bostic, for a
term of six years.
Durham—Dr. W. I. Cranford, T. O. Sorrell, E. S. Boothe, J. M. Cheek,
H. L. Umstead, Sr.
Edgecombe—Leslie Calhoun, for a term of four years.
Forsyth—P. Frank Hanes, H. A. Pfohl, James J. Griffith.
Franklin—John D. Morris, Mrs. D. T. Fuller, each for a term of six years.
Gaston—S. N. Boyce, 0. E. Hutchinson, Sr., M. A. Stroup.
Gates—H. F. Parker, J. C. Holland, S. P. Cross.
Graham—Roy O. Sherrill, for a term of four years ; J. B. "Walters, for a
term of four years ; E. C. Cody, for a term of four years.
Granville—J. W. Dean, E. C. Hobgood, R. H. Whitfield, R. L. Noblin, B. F.
Dean.
Greene—W. E. Sugg, R. P. Lane, Ed. S. Taylor, D. S. Harper, L. C. Edwards.
Guilford—S. J. Stern, H. A. Millis, J. H. Joyner, E. T. Coble.
Halifax—H. T. Clark, for a term of two years ; R. L. Towe, for a term of
four years ; R. C. Rives, for a term of six years.
Harnett—H. W. Prince, J. A. Hockaday, J. C. Byrd.
Haywood—Homer V. Cagle, R. T. Messer, J. B. Best.
Henderson—Floyd E. Osborne, for a term of six years.
Hertford—R. R. Copeland, W. A. Thomas, J. E. Mitchell.
Hoke—N. B. Blue, J. C. Thomas, A. W. Wood, Carl Riley, Louis Parker.
Hyde—J. M. Credle, S. M. Gibbs, A. C. Credle.
Iredell—J. A. Dobson, J. A. Craven, S. H. Houston, W. P. Sharpe, Jr., C. H.
Knox.
Jackson—J. H. Long, P. N. Price, T. C. Ledbetter, J. E. Rodgers, T. B.
Cowen, each for a term of two years.
Johnston—B. B. Adams, P. B. Chamblee, J. W. Woodard, W. H. Call, C. G.
Holt.
Jones—F. J. Koonce, for a term of six years.
Lee—R. E. Marks, for a term of four years ; J. A. Overton, for a term of
six years.
Lenoir—Horace L. Sutton, Emmett Taylor, W. B. Becton, D. W. Wood,
R. G. Hodges.
Lincoln—Dr. W. G. Bandy, T. A. Warlick, A. A. Beam, Dorsey Rhyne,
P. V. Cobb.
Macon—C. W. Dowdle, Frank H. Hill, W. D. Barnard.
Madison—J. Clyde Brown, Chan. W. Balding, Joe Worley, Wayne Peek,
Lee Ramsey.
Martin—F. H. Ange, J. W. Eubanks, J. T. Barnhill, George C. Griffin.
McDowell—M. L. Good, for a term of two years ; James C. Goforth, for a
term of four years ; Dr. J. B. Johnson, for a term of six years.
Mecklenburg—D. A. Pressley, J. Wilson Alexander, each for a term of two
years ; R. E. McDowell, B. D. Funderburk, each for a term of two years.
Mitchell—Tarp Turbyfill, W. M. Wiseman, I. J. Woody. Dr. W. B. Masters,
Miss Lydia Holman.
Montgomery—Mrs. Clyde Capel, for a term of six years.
Moore—John W. Graham, F. H. Underwood, F. W. Von Cannon, W. P.
Saunders, W. B. Graham.
Nash—John W. Roberson, G. L. Jones, T. E. Ricks.
New Hanover—John Marshall, James C. Roe, Mrs. C. L. Meister, L. T.
Landen, Dr. John T. Hoggard.
Northampton—W. Harry Stephenson, for a term of four years ; W. R.
Parker, for a term of six years.
Onslow—R. P. Hinton, A. T. Redd, . I. T. Rawls, R. V. Venters, D. B.
Sanders.
19
Orange—E. Clyde Compton, M. W. Durham, E. L. Lockhart.
Pamlico—M. D. Powers, Jesse W. Dixon, Jarvis B. Brinson, E. E. Mays,
S. E. McCotter.
Pasquotank—A. W. Stanton, for a term of two years ; S. C. Scott, for a term
of four years.
Pender—W. W. Pearsall, Albert H. Page, each for a term of two years ; Moses
B. Daniels, for a term of four years ; George F. Devane, for a term of six
years.
Perquimans—T. S. White, W. E. Dail, J. H. Baker, J. H. Miller, S. M. Long.
Person—George W. Walker, W. R. Wilkerson, E. E. Bradsher, N. H. Mont-gomery,
R. G. Cole.
Pitt—Li. C. Arthur, for a term of two years ; W. J. Smith, for a term of
six years.
Polk—R. M. Hall, G. E. Bell, H. E. Thompson, H. P. Sharp, T. J. McDowell.
Randolph—J. A. Martin, for a term of two years ; L. C. Smith, for a term
of four years ; L. F. Ross, for a term of six years.
Richmond—Joe A. Howell, for a term of two years ; D. A. Parsons, J. M.
Dockery, each for a term of four years ; W. R. Land, R. R. Simmons, each for
a term of six years.
Robeson—R. P. Edwards, Mrs. L. I. Grantham, A. B. McRae, John Blount
McLeod, Miss Mary McEachern, each for a term of two years.
Rockingham—C. P. Wall, J. L. Roberts, W. B. Kiker, L. W. Matthews, T. J.
Garrett.
Rotvan—W. F. Thompson, J. F. McKnight, each for a term of four years
H. E. Isenhour, R. L. Lyerly, each for a term of six years.
Rutherford—J. T. Harris, for a term of six years.
Sampson—John C. Warren, Martin D. Jackson, M. F. Troublefield.
Scotland—William McKenzie, T. L. Hendley, each for a term of two years
;
James A. Buie, for a term of four years.
Stanly—Q. E. C. Coble, J. F. Shinn.
Stokes—J. Reid Forrest, Dr. Grady E. Stone, John W. Priddy.
Surry—G. C. Hauser, Wesley Scott, W. S. Comer, F. W. Graham, W. A.
Jackson, Joe Hall.
Swain—S. W. Black, Signey Queen, R. C. Brendle.
Transylvania—Dr. Chas. L. Newland, Mrs. Flora Holliday, Edgar Reid.
Tyrrell—W. J. White, R. S. Knight, Jr., C. F. Kemp.
Union—C. C. Burris, T. L. Price, S. A. Latham, H. Grady Hawfield, J. H.-
Myers.
Vance—R. F. Thompson, for a term of two years ; E. R. Boyd, C. E. Greene,
each for a term of four years.
Wake—Dr. J. P. Hunter, for a term of two years; A. V. Baucom, for a
term of four years ; N. Y. Gulley, M. C. Chamblee, each for a term of six
years.
Warren—L. C. Kinsey, F. M. Drake, R. A. King, Harry W. Walker, Jesse
P. T. Harris.
Washington—C. N. Davenport, Jr., P. H. Darden.
Watauga—J. B. Horton, Will C. Walker, Thomas H. Coffey, Jr.
Wayne—Mrs. C. W. Ivey, J. Dallie Hines, W. R. Allen, each for a term of
four years ; R. L. Cox, Luby Jones, each for a term of six years.
Wilkes—R. R. Church, for a term of two years; D. F. Shepherd, for a
term of four years ; C. O. McNeil, for a term of six years.
20
Wilson—John L. Bryant, for a term of two years; J. H. Thompson, W. B.
Barnes, each for a term of four years; O. B. Bullock, Doane Herring, each
for a term of six years.
Yadkin—M. V. Fleming, J. H. Speas, Lloyd Craver.
Yancey—J. W. Howell, Horace S. Edge, Wilson Edwards.
Sec. 2. The members of the several County Boards of Education appointed
by this Act shall qualify by taking the oath of office on or before the first
Monday in May, one thousand nine hundred and thirty-five, and shall, unless
otherwise herein provided, hold office for a term of two years from and after
the first Monday in May, one thousand nine hundred and thirty-five, and
until their successors are elected and qualified, and, together with the mem-bers
of the Board of Education of the several counties whose terms will not
expire on the first Monday in May, one thousand nine hundred and thirty-five,
shall constitute the Board of Education of the respective counties.
Nothing in this Act shall be construed to oust or displace any member of
the Board of Education of any county where the term of such member, as
now provided by law, extends beyond the first Monday in May, one thousand
nine hundred and thirty-five.
In case of any conflict between the existing term of any member of the
Board of Education of any county and the term of any member appointed by
this Act, then the present incumbent shall be deemed and held as the legal
member of the Board of Education of the particular county : Provided, that
the provisions of this section shall not repeal any part of House Bill Number
two hundred ninety-four, entitled "An Act appointing a Board of Education
for Yancey County," applicable only to Yancey County, and the members
therein named shall be the only members of said Board of Education of
Yancey County.
Sec. 3. That the per diem and mileage of not exceeding five members of
the County Board of Education of the several counties of the State shall be
borne out of the State school fund : for any number in excess of five, out of
the county school fund.
Sec. 4. That this Act shall be in force and effect from and after the date
of its ratification.
In the General Assembly, read three times, and ratified, this the 4th day
of May, A.D. 1935.
AN ACT TO AMEND CHAPTER TWO HUNDRED AND TWO, PUBLIC
LAWS OF ONE THOUSAND NINE HUNDRED AND THIRTY-THREE,
RELATING TO THE APPOINTMENT AND ELECTION OF COUNTY
SUPERINTEDENTS OF PUBLIC INSTRUCTION AND DISTRICT
SCHOOL COMMITTEEMEN, AND TO RE-ENACT THE SATD LAW.
Whereas, the General Assembly of North Carolina, Session of one thousand
nine hundred thirty-five, is about to appoint members of the Board of Edu-cation
of the several Counties of the State ; and
Whereas, it is the purpose and intent of the General Assembly in passing
said Act to provide that the newly constituted Boards of Education, com-posed
of members who hold over and newly appointed members of the said
Board, shall appoint and elect the County Superintendents of Public Instruc-tion
and the District School Committeemen in and for the said Counties
;
Now, Therefore,
21
The General Assembly of North Carolina do enact:
Section 1. That any action by any County Board of Education in any
County in this State, purporting and attempting to select, appoint or elect a
County Superintendent of Public Instruction, or District School Committee-men
of said County, taken and had, or attempted to be taken and had before
the appointment and qualification of the Boards of Education by the General
Assembly of one thousand nine hundred thirty-five for the next biennium, be,
and the same is hereby declared to be null,, void, and of no force or validity.
Sec. 2. That the County Boards of Education appointed by the General
Assembly of one thousand nine hundred thirty-five, shall, as soon as prac-ticable
after the first Monday in May, one thousand nine hundred thirty-five,
proceed with the selection of a County Superintendent of Public Instruction,
who shall hold office from the date of his election, for a period of two years,
or until his successor is elected and qualified ; and such Boards of Education
shall also proceed as soon as practicable after the first Monday in May, one
thousand nine hundred thirty-five, to appoint District School Committeemen
for their respective Counties, who shall likewise hold office from the date
of their selection and qualification for a period of two years, or until their
successors are elected and qualified.
Sec 3. All laws and clauses of laws in conflict with this Act are hereby
repealed.
Sec. 4. This Act shall be in effect from and after its ratification.
In the General Assembly, read three times, and ratified, this the 30th day
of March, A.D. 1935.
AN ACT TO AUTHORIZE THE TRANSFER OF SCHOOL DISTRICT
SINKING FUNDS TO COUNTY TREASURERS.
The General Assembly of North Carolina do enact:
Section 1. That in all cases in which the bonds of special school districts
have been or may hereafter be assumed by the county in which such district
is located, all taxes levied and collected for the purpose of paying the interest
upon said bonds and creating a sinking fund for the retirement of said bonds,
shall be paid to the County Treasurer by the Sheriff or Tax Collector.
Sec. 2. That if a uniform debt service tax is levied and collected by the
county in which school district bonds are now outstanding and have been
assumed by the county, all of said tax so levied and collected shall be paid to
the County Treasurer and the County Treasurer shall allocate to each issue
of school district bonds its proportionate part of the tax so levied and col-lected
each year.
Sec. 3. That in all cases where school district bonds have been assumed
or may hereafter be assumed by the county in which district is located any
and all moneys and securities held by the Treasurer, Trustee or Committee
of such district or Sinking Fund Commissioner, is authorized to transfer
any and all moneys and securities belonging to such sinking fund account
to the County Treasurer of such county and upon the transfer of such funds
and securities and a proper accounting therefor such District Treasurer,
22
Trustee, Committee or Sinking Fund Commissioner shall be discharged from
further responsibility for the administration of and accounting for such
sinking funds.
Sec. 4. This Act shall not apply to Richmond County.
Sec. 5. That this Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 26th day
of April, A.D. 1935.
AN ACT TO PROVIDE FOR THE ISSUANCE OF SCHOOL DISTRICT
REFUNDING AND FUNDING BONDS.
The General Assembly of North Carolina do enact:
Section 1. As used in this Act the term "School District" shall be deemed
to include each special school taxing district, local tax district and special
charter district by which or on behalf of which bonds have heretofore been
issued and are now outstanding.
Sec. 2. Notwithstanding the provisions of any law heretofore enacted or
enacted hereafter at the present regular session of the General Assembly
which affect the continued existence of school districts or the levy of taxes
therein for the payment of bonds, each such school district shall continue in
existence with the boundaries heretofore established until all bonds thereof
now outstanding or bonds issued to refund the same, together with interest
thereon, shall be paid.
Sec 3. The Board of Commissioners of the county in which any such
school district is located is hereby authorized to issue bonds at one time or
from time to time for the purpose of refunding or funding the principal or
interest of any bonds of such school district then outstanding. Such refund-ing
or funding bonds shall be issued in the name of the school district and
they may be sold or delivered in exchange for or upon the extinguishment
of the obligations or indebtedness refunded or funded. Except as other-wise
provided in this Act, such refunding and funding bonds shall be issued
in accordance with the provisions Cjf Chapter two hundred and fifty-seven
of the Public Laws of one thousand nine hundred and thirty-three, and the
Local Government Act and Acts amendatory thereof and supplemental
thereto. The tax levying body or bodies authorized by law to levy taxes for
the payment of the bonds, the principal or interest of which shall be refunded
or funded shall levy annually a special tax on all taxable property in such
school district sufficient to pay the principal and interest of said refunding
or funding bonds as the same become due.
Sec. 4. All laws and clauses of laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 5. This Act shall be in full force and effect from and after its ratifi-cation.
In the General Assembly, read three times, and ratified, this the 11th day
of May. A.D. 1935.
23
AN ACT PROVIDIG FOR THE FUNDING OR REFUNDING OF PRINCI-PAL
AND INTEREST OF LOANS MADE FROM THE STATE LITER-ARY
FUND AND FROM ANY SPECIAL BUILDING FUND OF THE
STATE.
The General Assembly of North Carolina do enact:
Section 1. In any case where a loan has heretofore been made from the
State Literary Fund or from any Special Building Fund of the State to the
County Board of Education of a County and such County has heretofore or
shall hereafter authorize the issuance of bonds for the purpose of funding or
refunding interest on or the principal of all or a part of the notes evidencing
such loan, the State Board of Education be and the same is hereby author-ized
to accept funding or refunding bonds or notes of such County in pay-ment
of interest on or the principal of the notes evidencing such loan ; pro-vided,
however, that the issuance of such funding or refunding bonds shall
have been approved by the Local Government Commission.
Sec. 2. In any case where the funding or refunding of interest on or the
principal of such notes shall constitute a part of a refunding plan or program
of the County, and the terms of such funding or refunding shall be accepted
by a sufficient number of the holders of the County's obligations to put same
into effect, the State Board of Education may authorize the acceptance of
such funding or refunding bonds or notes upon the same terms and conditions,
both as to principal and interest, as have been agreed upon by a sufficient
number of the other holders of the County's obligations to put same into
effect.
Sec. 3. This Act shall be in full force and effect from and after its ratifi-cation.
In the General Assembly, read three times, and ratified, this the 10th day
of May, A.D. 1035.
AN ACT TO PROVIDE FOR THE COLLECTION OF DELINQUENT
AMOUNTS DUE THE STATE LITERARY AND SCHOOL BUILDING
REVOLVING FUND FROM THE VARIOUS COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. In all instances where any sum or amount is due from any
County Board of Education or school unit therein to the State or to the Lit-erary
Fund or to the Revolving Fund set up by the General Assembly provid-ing
loans for the construction of school buildings ; and where any sum or
amount is payable to such County by reason of any contract made on
behalf of the State Highway Commission or its successor, the State High-way
and Public Works Commission, for loans made to such Commission by
such County in behalf of roads ; it shall be competent and lawful to offset the
amount due such County on account of any contract made with the State
Highway Commission or its successor, the State Highway and Public Works
Commission, not assigned prior to the passage of this Act, by the amount due
by such County or Board of Education or school unit in said County to the
State or to the Literary Fund or the Revolving Fund set up by the General
Assembly providing loans for construction of school buildings.
24
Sec. 2. If the amount due such County on account of loans made to the
State Highway Commission or its successor, the State Highway and Public
Works Commission, and not assigned prior to the passage of this Act is
insufficient to pay the amount due the State or the Literary Fund or to the
Revolving Fund by such County, then the amount due such County on account
of loans to the Highway Commission shall be credited on the amount due by
such County to the State or Literary Fund or Revolving Fund.
Sec. 3. The Treasurer and other officers of the State charged with the duty
of disbursing any funds by reason of such contract between the State High-way
Commission or the State Highway and Public "Works Commission already
made or hereafter to be made, are required to observe the provisions of the
foregoing section and shall not issue or authorize issuance of any voucher
contrary thereto.
Sec 4. That all laws and clauses of laws in conflict with this Act are
hereby repealed.
Sec 5. That this Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 10th day of
May, A.D. 1935.
AN ACT TO PROVIDE COMPENSATION FOR SCHOOL CHILDREN
KILLED AND/OR INJURED WHILE RD3ING ON A SCHOOL BUS TO
AND FROM THE PUBLIC SCHOOLS OF THE STATE: AND TO
AUTHORIZE THE STATE SCHOOL COMMISSION TO SET ASIDE
CERTAIN FUNDS FOR THAT PURPOSE OUT OF WHICH MEDICAL
AND HOSPITAL EXPENSES AND DEATH CLAIMS SHALL BE PAID.
The General Assembly of North Carolina do enact:
Section 1. That the School Commission of North Carolina, shall, and it is
hereby, authorized and directed to set up in its budget for the operation of
the public schools of the State, a sum of money which it deems sufficient to
pay the claims hereinafter authorized and provided for.
Sec 2. That the State School Commission be, and it is hereby authorized
and directed to pay out of said sum provided for this purpose to the parent,
guardian, executor, or administrator of any school child, who may be injured
and/or whose death results from injuries received while such child is riding on
a school bus to and from the public schools of the State, medical, surgical,
hospital, and funeral expenses incurred on account of such injuries and/or
death of such child in an amount not to exceed the sum of six hundred and
no one-hundredths dollars ($600.00).
Sec 3. The right to compensation as authorized under Section two of this
Act shall be forever barred, unless a claim be filed with the State School
Commission within one year after the accident, and if death results from the
accident, unless a claim be filed with the said Commission within one year
thereafter.
Sec 4. That the State School Commission is hereby authorized and em-powered,
under rules and regulations to be promulgated by said School Com-
25
mission, to approve any claim authorized by this Act, and when such claim
is so approved, such action shall be final ; and payment made by the School
Commission for hospital and medical treatment shall be deducted from the
benefits provided in Section two hereof, and said Commission is hereby
authorized to pay medical and hospital and funeral bills provided for in this
Act, not to exceed, however, the benefits herein provided for.
Sec. 5. That the claims authorized in Section two of this Act shall be paid
by the said School Commission, regardless of whether or not the injury
received by said school child shall have been due to the negligence of the
driver of the said school bus ; provided that whenever there is recovery on
account of said accident by the father, mother, guardian, or administrator
of such child, against any person, firm, or corporation, the amount expended
by the State School Commission hereunder shall constitute a paramount lien
on any judgment recovered by said parent, guardian, or administrator, and
shall be discharged before any money is paid to said parent, guardian, or
administrator, on account of said judgment.
Sec. 6. Nothing in this Act shall be construed to mean that the State shall
be liable for sickness, disease, and for personal injuries sustained while not
actually riding on the bus to and from the school, and for personal injuries
received otherwise than by reason of the operation of such bus.
Sec. 7. This Act shall be in full force and effect from and after its
ratification.
Sec. 8. That all laws and clauses of laws in conflict with this Act are
hereby repealed.
In the General Assembly, read three times, and ratified, this the 26th day
of April, A.D. 1935.
26
AN ACT TO REQUIRE ANY PERSON, PARTNERSHIP, ASSOCIATION OF
PERSONS, OR CORPORATION THAT MAY HEREAFTER BE ORGAN-IZED
AS BUSINESS SCHOOLS IN NORTH CAROLINA TO COMPLY
WITH THEIR CONTRACTS WITH THE STUDENTS, ETC., WHO
MATRICULATE WITH THEM FOR THE PURPOSE OF TAKING COM-MERCIAL
COURSES IN ACCOUNTING, BOOKKEEPING, STENOG-RAPHY,
STENOTYPY, TELEGRAPHY, TYPING, AND OTHER
BRANCHES GENERALLY INCLUDED IN THE CURRICULUM OF
SUCH SCHOOLS; TO REQUIRE SUCH INSTITUTIONS, BEFORE COL-LECTING
FEES, TUITION, AND OTHER EXPENSES FROM STU-DENTS
WHO DESIRE TO TAKE SUCH COURSES IN SUCH INSTITU-TIONS,
TO ENTER INTO A BOND EXECUTED BY STANDARD AND
SOLVENT GUARANTY COMPANIES GUARANTEEING THE REFUND
OF SUCH FEES, TUITION, AND OTHER EXPENSES AS ARE PAID,
IN CASE THE PROMOTERS, OFFICERS, AND AGENTS OF SUCH
INSTITUTIONS FAIL TO COMPLY WITH THEIR CONTRACT; TO
PROVIDE PENALTIES FOR FAILURE TO REFUND TO ANY STU-DENT
THE AMOUNTS WHENEVER THE PROMOTERS, OFFICERS
AND AGENTS OF SUCH INSTITUTIONS FAIL TO COMPLY WITH
THEIR CONTRACT TO GIVE AND FURNISH TRAINING IN COM-MERCIAL
COURSES ACCORDING TO THE CONTRACT ENTERED
INTO.
The General Assembly of North Carolina do enact:
Section 1. A commercial college or business school shall be denned as
follows : Any partnership, association of persons, or any corporation which
teaches, publicly, for compensation, any or all the branches of accounting,
bookkeeping, stenotypy, stenography, typing, telegraphy, and other commer-cial
subjects which are usually taught in commercial colleges or business
schools.
Sec. 2. Any person, partnership, association of persons, or any corpora-tion
which may desire to open a commercial college, or to establish a branch
college or school in this State for the purpose of teaching bookkeeping, sten-ography,
stenotypy, typing, telegraphy, and other courses which are usually
taught in commercial colleges, before commencing business must secure a
permit from the State Board of Commercial Education of the State of North
Carolina authorizing such person, partnership, association of persons or cor-porations
to open and conduct such commercial college or branch college or
school.
The State Board of Commercial Education shall consist of the Director of
the Division of Instructional Service, tbe Director of the Division of Voca-tional
Education, and the owner and operator of an accredited business or
commercial school that has been in operation within the State for five years,
and the State Superintendent of Education, who having no vote, will be
Chairman of the Board and Ex-officio Secretary. The member who is a com-mercial
school owner or operator shall be appointed by the Governor and
shall serve for three years or until his successor bas been appointed and
taken office.
Sec. 3. That application for such permit to open and conduct a business
school shall state specifically the name of sucb person, partnership or corpora-
27
tion, and said application shall be filed with the County Superintendent of
Schools of the County in which the proposed commercial college or school is
to operate. If, after due investigation on the part of the County Superin-tendent
of Schools, it has been shown by satisfactory evidence of the appli-cant's
efficiency and good moral character for fair and honest dealings with
their students and with the public, then the County Superintendent of
Schools shall endorse his approval of the application and forward it to the
State Board of Commercial Education at Raleigh for action thereon. Before
such permit shall be issued, the applicant shall pay to the State Board of
Commercial Education a fee of ten ($10) dollars as a minimum, and twenty-five
($25) dollars as a maximum, the amount needed being left to the dis-cretion
of the Board of Commercial Education, which fees shall be paid
annually on the first day of July to the said Board so long as said school
shall continue to operate. Said fees shall be used for office and traveling
expenses by said Board or its authorized representatives for investigating
applications for conducting commercial schools and also complaints against
such schools, and the Secretary of the Board shall keep an account of all
moneys received and disbursed which account shall be open at all times to
inspection by all persons operating commercial schools and licensed by said
Board.
Sec. 4. Before the Board of Commercial Education shall issue such per-mit,
the person, partnership, association of persons, or corporation shall exe-cute
a bond in the sum of one thousand ($1,000) dollars, signed by a solvent
guaranty company authorized to do business in the State of North Carolina,
payable to the Clerk of the Superior Court of the County in which such col-lege,
branch college, or school will be located and conduct its business, condi-tioned
that the principal in said bond will carry out and comply with each
and all contracts, made and entered into by said college or branch college or
school, acting by and through its officers and agents, with any student who
desires to enter such college and to take any course in commercial training,
and to pay back to such student all amounts collected for tuition and fees m
case of failure on the part of the parties obtaining a permit from the Board
of Commercial Education to open and conduct a commercial college, or
branch college or school, to comply with its contracts to give the instruc-tions
contracted for, and for the full period evidenced by such contract.
Such bond shall be filed with the Clerk of Superior Court of the County in
which the college or branch or school executing the bond is located, and
recorded by such Clerk in a book provided for that purpose.
Sec. 5. In any and all cases where the party receiving the permit from the
Board of Commercial Education fails to comply with any contracts made and
entered into with any student or with the parents or guardian shall have a
cause of action against the sureties on the bond as herein provided for the
full amount of the payments made to such person, with six (6) per cent
interest from the date of payment of said amount. For a proven violation
of its contracts with its students, the Board of Commercial Education is
authorized to revoke the license issued to the offending school. Through
periodic reports required of licensed commercial schools and by inspections
made by the members of the Board of Commercial Education or its author-ized
representatives, the Board of Commercial Education shall have general
28
supervision over commercial schools of the State, the object of said supervi-sion
being to protect the public welfare by having the licensed commercial
schools to maintain proper school quarters, equipment and teaching forces
and of having the school carry out its advertised promises and its contracts
made with its students and patrons.
Sec. 6. Any person, or each member of any partnership, or each member of
any association of persons, or each officer of any corporation which opens and
conducts a commercial college or branch college or school without first having
obtained the permit required in Section two of this Act, and without first
having executed the bond required in Section four of this Act, shall be guilty
of misdemeanor and punishable by a fine of not less than one hundred
($100.00) dollars, nor more than five hundred ($500.00) dollars, and each
day said college continues to be open and operated shall constitute a separate
offense.
Sec. 7. The provisions of this Act shall not apply to any established
university, commercial college, college, regular high school or any State insti-tution
which has heretofore adopted or which may hereafter adopt one or
more commercial courses, provided the tuition fees and charges, if any, made
by such university, commercial college, college, or regular high school shall
be collected by their regular officers in accordance with the rules and regula-tions
prescribed by the proprietors or by the Board of Trustees of such uni-versity,
commercial college, college, or high school.
Sec. 8. All persons, partnerships, associations of persons, which are non-residents
of North Carolina, or corporations organized and chartered under
the laws of any other State, must comply with the provisions of this Act
before such can open and conduct a commercial college or branch college or
school in the State of North Carolina.
Sec. 9. If any part of this Act is decided by the Supreme Court of this
State or by any other court of final jurisdiction, and is held to be unconsti-tutional
and void, such decision shall not affect or nullify any other part of
this Act.
Sec. 10. That all laws and clauses of laws in conflict with the provisions
of this Act are hereby repealed.
Sec 11. That this Act shall be in full force and effect from and after its
ratification.
In the General Assembly, read three times, and ratified, this the 29th day
of April. A.D. 1935.
AN ACT TO PROVIDE A RENTAL, SYSTEM FOR TEXT-BOOKS USED IN
THE PUBLIC SCHOOLS OF THE STATE AND TO PROMOTE ECON-OMY
AND EFFICLENCY IN THE ADOPTION OF TEXT-BOOKS.
The General Assembly of North Carolina do enact:
Section 1. The Governor Appoints: There is hereby created a State Text-book
Purchase and Rental Commission of five members, as follows : The State
Superintendent of Public Instruction as ex-officio chairman, the Attorney-
General, the Director of the Division of Purchase and Contract, and two
29
members, to be appointed by the Governor, for a term of two years each.
Said appointive members to receive such compensation as the law provides
for members of the State School Commission. The expense and cost of said
Commission shall be paid out of the appropriation made available by this
Act.
Sec. 2. Powers and duties of Commission. The said Text-book Purchase
and Rental Commission is hereby authorized, empowered, and directed to
promulgate rules and regulations necessary to
:
(1) Acquire by contract, and/or purchase, such text-books and instruc-tional
supplies, which are, or may be on the adopted list of the State
Standard Course of Study, as the Commission may find necessary to supply
the needs of the children in the public schools of the State.
(2) Provide a system of distribution of said text-books and supplies to the
children in the public schools of the State, and shall distribute such books as
are provided under the rental system without the use of any depository other
than some agency of the State.
(3) Provide for uniform rental charge for said text-books and supplies to
the children in attendance upon the public schools of the State. Said rental
charge shall be collected annually in an amount not to exceed one-third of
the cost of said text-books and supplies : Provided nothing herein shall be
construed to prevent the purchase of text-books from said Commission
needed for any child in the public schools of the State, by any parent, guard-ian,
or person in loco parentis.
(4) Provide for the use of said text-books without charge to the indigent
children of the State.
(5) Adopt, provide and distribute all blanks, forms and reports necessary
to keep a careful check and record of all the books, supplies distributed, rent-als
collected, indigents furnished, condition and repairs of books, and such
other information as said Commission may require, to the end that an accu-rate
and complete inventory of the affairs of said Commission may be avail
able at all times to the Governor and Council of State.
(6) Cause an annual audit to be made of the affairs of the said Commis-sion
and a certified copy of same to be furnished the Governor and Council
of State.
(7) Books shall not be interchangeable between the white and colored
schools, but shall continue to be used by the race first using same.
Sec. 3. Purchase and contract. The purchase of all text-books and supplies
under the provisions of this Act adopted as now provided by law shall be
made through the Division of Purchase and Contract.
Sec. 4. Rentals paid to State Treasury. All sums of money collected as
rentals under the provisions of this Act shall be paid monthly as collected into
the State Treasury, to be entered as a separate item known as the "State
Text-book Rental Fund." Disbursement of said funds shall only be had by
order of the Council of State ; provided further, that the State Text-book
Purchase and Rental Commission in conjunction with the State Board of
Health shall adopt rules and regulations governing the use and fumigation
for the regular disinfection of all text-books used in the public schools of the
State.
30
Sec. 5. Any County or City Board of Education now operating a text-book
rental system shall be permitted to continue such local rental system without
interference from the State Commission : Provided, that the rental fees charged
by such local rental authority shall not exceed the rental charges set by the
State Commission : Provided further, that such local text-book rental author-ity
may purchase from the State Commission text-books for its local use.
Sec. 6. Appropriation and issuance of Short-term Notes:
(1) For the purpose of carrying out the provisions of this Act there is
hereby appropriated out of the public revenues of the State a sum of one
million five hundred thousand dollars ($1,500,000).
(2) The Treasurer, with the approval of the Council of State, is hereby
authorized, empowered and directed to issue short-term notes, pledging the
full faith and credit of the State, in such amounts, length of term and rate
of interest as shall be most advantageous to the State, but in no event shall
the total sum of such notes exceed the sum of one million five hundred thou-sand
dollars.
(3) The full faith credit and taxing power of the State are hereby
pledged for the payment of the principal and interest of the notes herein
authorized.
(4) The coupons, if any, appurtenant to such notes, shall be receivable
after maturity in payment of all taxes, debts, dues, licenses, fines and demands
due the State of any kind whatsoever.
(5) All of such notes and coupons shall be exempt from all State. County
and Municipal taxation or assessments, direct or indirect, general or special,
whether imposed for the purpose of general revenue or otherwise, and the
interest on such notes shall not be subject to taxation as for income, nor shall
such notes or coupons be subject to taxation when constituting a part of
the surplus of any bank, trust company, or other corporation.
(6) It shall be lawful for all executors, administrators, guardians and fidu-ciaries
generally, and all sinking fund commissions, to invest any moneys in
their hands in such notes.
Sec. 7. All laws and clauses of laws in conflict with the provisions of
this Act, to the extent of such conflict, are hereby repealed.
Sec 8. This Act shall be in full froce and effect from and after its ratifi-cation.
In the General Assembly, read three times, and ratified, this the 11th day of
May, A.D. 1935.
AN ACT TO INCORPORATE THE NORTH CAROLINA STATE THRIFT
SOCIETY.
The General Assembly of North Carolina do enact:
Section 1. That in order to better provide for the education of the school
children of the State in the principles and practice of thrift and saving,
and in order to aid them in making better provision for their future advanced
education, there is hereby created under the patronage and control of the
State a nonstock corporation to be known as the North Carolina State Thrift
Society.
31
Sec. 2. The charter of the Society shall be perpetual.
Sec. 3. The membership of the Society shall be identical with the member-ship
of the Governing Board, which shall consist of sixteen Directors. The
State Treasurer, the Superintendent of Public Instruction, the President of
the North Carolina Bankers Association and the President of the University
of North Carolina shall throughout their terms of office be ex-officio members
of the Board. The remaining twelve members of the Board shall be appointed
by the Governor for successive terms of four years each, and shall be equally
divided between the business and financial and the educational interests of
the State, six members to each of the named groups, provided that at least
four of those representing business must be experienced bankers.
Sec. 4. In the event of a vacancy occurring before the expiration of the
terms of office of any Director, the Board by a majority vote of its full mem-bership,
including ex-officio members, shall have power to elect persons to
fill out the unexpired terms.
Sec. 5. The officers of the Society shall "be elected by the Board, and shall
include a president, vice-president, secretary, treasurer and auditor. The
treasurer of the Society shell be responsible for the funds of the Society, and
shall furnish good and sufficient surety in such amount as may be fixed from
time to time by the Board of Directors.
Sec 6. The Society shall have power and authority to purchase, lease and
otherwise acquire such real and personal property as may be deemed useful
to the prosecution of the objects for which it is created. It may sell and
dispose of the same and may hold or may sell and convey such property also
as may be taken in whole or partial satisfaction of any debt due to it. It
may also receive gifts of money and property to be applied to its corporate
purposes.
Sec. 7. The Society may receive deposits of the funds of children and
others attending any of the public schools or colleges of North Carolina, as
provided in Chapter 481 of the Public Laws of North Carolina in 1933, entitled
"An Act to provide for instruction in thrift and saving in the public schools
of the State," and subject to repayment on terms established by the Board,
provided that do individual account may exceed $1,000.
Sec 8. The funds in the Treasurer's hands may be deposited by him, to
his credit, with banks which are members of the Federal Deposit Insurance
Corporation. In no case may the amount in any one bank exceed the amount
covered by insurance. The interest accruing and paid on such deposits shall
be added to the funds of the Society.
Sec 9. Neither deposits in the Society nor its property investments and
assets shall at any time be subject to taxation by the State of North Carolina
or any of its subdivisions, except that gift, inheritance or estate taxes may be
levied on the transfer of private deposits in the Society.
Sec 10. (Repealed.)
Sec 11. The funds of the Society may, at the discretion of the Board, be
invested in obligations of the United States Government, or of the State of
32
North Carolina, or deposited as previously provided in Section eight of
this Act.
Sec 12. Provided, that no liability of any kind shall rest on the State of
North Carolina by reason of this Act.
Sec. 13. This Act shall be in effect from and after the date of its ratifi-cation.
1933, c. 385 ; 1935, c. 489.
AN ACT TO PROVIDE FOR INSTRUCTION IN THRIFT AND SAVING IN
THE PUBLIC SCHOOLS OF THE STATE.
The General Assembly of North Carolina do enact:
Section 1. Within 150 days from the approval of this Act the State Super-intendent
of Public Instruction shall provide in the public schools of the
State for instruction in thrift and the principles, practice and advantage of
saving.
Sec 2. In connection with the instruction so provided arrangements shall
be made at each school for the receiving of students' savings deposits into the
North Carolina State Thrift Society, subject to its rules and on the terms
provided therein.
Sec 3. That the administration of the system in each school shall be in
charge of one or more of the teachers in said school to be designated by the
principal.
Sec 4. That the savings deposits shall be transmitted to the Treasurer of
the said Society from time to time, in accordance with rules to be established
by the Governing Board of the North Carolina State Thrift Society, and sliall
be held for the purposes declared in the charter of the said Society.
Sec 5. This Act shall be in effect from and after the date of its ratifi-cation.
1933, c 481 ; 1935, c. 489.
AN ACT TO REQUIRE THE PUBLIC SCHOOLS OF THE STATE TO
FURNISH ADEQUATE AND SCIENTIFIC INSTRUCTION IN THE
SUBJECT OF ALCOHOLISM AND NARCOTISM.
The General Assembly of North Carolina do enact:
Section 1. In addition to health education, which is now required by law
to be given in all schools supported in whole or part by public money, thorough
and scientific instructions shall be given in the subject of alcoholism and
narcotism.
The State Superintendent of Public Instruction is hereby authorized and
directed to prepare, or cause to be prepared, for the use of all teachers who
are required by this Act to give instructions in the subject of alcoholism and
narcotism, a course of study on health education, which shall embrace sug-gestions
as to methods of instruction, outlines of lesson plans, lists of accu-rate
and scientific source material, suggested adaptations of the work to the
33
needs of the children in the several grades, and shall specify the kind of work
>to be done in each grade, and the amount of time to be devoted to such
instruction.
The State Text-book Commission and the State Board of Education shall be
authorized, directed and em-powered to select, approve, and adopt a simple,
scientific text-book, which text-book shall be free from political propaganda
and approved by the State Board of Health and the faculty of the Medical
School of the University of North Carolina, on the effects of alcoholism and
narcotism on the human system,, and/or a different or revised text on "Health,'"
which shall contain chapters giving complete, detailed, and scientific informa-tion
on the subjects, to be taught as a unit of work every year in the appro-priate
elementary grade, or grades, of the public schools of North Carolina.
Adequate time shall be given to teach the subject efficiently. The work in the
subject of alcoholism and narcotism shall be a part of the work required for
promotion from one grade to another: Provided, also, that provision shall be
made in the course of study prepared by the State Department of Public
Instruction for teachers, aides and devices for the assistance of teachers in
teaching the effects of alcoholism and narcotism on the human system.
Sec. 2. In all normal schools, teacher training classes, summer schools
for teachers, and other institutions giving instruction preparatory to teaching
or to teachers actually in service, adequate time and attention shall be given
to the best methods in teaching health education, with special reference to
the nature of alcoholism and narcotics.
Sec. 3. It shall be the duty of all officers and teachers, principals and
superintendents in charge of any school or schools, comprehended within the
meaning of this Act, to comply with its provisions ; and any such officer or
teacher who shall fail or refuse to comply with the requirements of this Act,
shall be subject to dismissal by the proper authorities.
Sec. 4. This Act shall be in full force and effect from and after its ratifi-cation.
1929, c. 96 ; 1935. c. 404.
LAWS of 1933
AN ACT TO PROMOTE FURTHER EFFICIENCY IN THE PUBLIC
SCHOOLS.
Whereas, many selling and advertising campaigns are being promoted
through the public schools of North Carolina ; and
Whereas, undue pressure is brought to bear upon both teachers and pupils
;
and
Whereas, such practices tend to disrupt and commercialize the work of the
schools ; Now, Therefore
;
The General Assembly of North Carolina do enact:
Section 1. No person, agent, representative or salesman shall solicit or
attempt to sell or explain any article of property or proposition to any
teacher or pupil of any public school on the school grounds or during the
school day without having first secured written permission and consent of
the superintendent, principal or person actually in charge of the school and
responsible for it.
Sec. 2. Any person violating the provisions of this Act shall be guilty of
a misdemeanor and shall be fined or imprisoned in the discretion of the
Court.
Sec. 3. All laws and clauses of laws in conflict with the provisions of this
Act are hereby repealed.
Sec. 4. This Act shall be in force from and after its ratification.
In the General Assembly, read three times, and ratified, this the 5th day of
April, A.D. 1933.
ADVERTISEMENT AND SALE OF SCHOOL PROPERTY
Sec 62. May sell school property. That when in the opinion of the Board,
any schoolhonse, schoolhouse site or other public school property, has become
unnecessary for public school purposes, it may sell the same at public auc-tion
after advertising the said property for the period of time and in like
manner as to places and publication m newspapers as now presci'ibed for
sales of real estate under deeds of trust. Provided) further, that the sale
shall be reported to the office of the Clerk of the Superior Court and remain
open for ten (10) days for an increase bid, and if the said bid is increased
the property shall be re-advertised in the manner as re-sales under deeds of
trusts, and if there is no raised or increased bid within ten (10) days, the
Chairman and Secretary of the Board shall execute a deed to the purchaser,
and the proceeds shall be paid to the Treasurer of the County School Fund.
C. S. (Ill), 5470; 1933, c. 494, s. 2.
35
TEXT-BOOKS FOR ELEMENTARY GRADES
Sec. 320. State Board of Education adopts. The State Board of Educa-tion
is hereby authorized to adopt, for the exclusive use in the public elemen-tary
schools of North Carolina supported ivholly or in part out of the public
funds, text-books and publications, including instructional materials, to meet
the needs of such schools in each grade and on each subject-matter in which
instruction is required to be given by law. And six months before the ex-piration
of the contracts now in force it shall adopt for a period of five years
from a multiple list submitted by the Text-book Commission, as hereinafter
provided, two basal primers for the first grade and two basal readers for
each of the first three grades, and one basal book or series of books on all
other subjects contained in the outline course of study for the elementary
grades where a basal book or books are recommended for use : Provided,
the State Board of Education may enter into contract with a publisher for a
period less than five years, if any advantage may accrue to the schools as a
result of a shorter contract than five years.
C. S. (Ill), 5730; 1933, c. 464, s. 1.
Sec. 321. Books adopted for an indefinite period. At the expiration of the
contract now existing between the State Board of Education and the pub-lisher
for any particular book or books, the State Board of Education, upon
satisfactory agreement with the publisher, may continue the contract for any
particular book or books indefinitely ; that is, for a period not less than one
nor more than five years.
The State Board of Education may, at any time it finds a book unsatis-factory,
call for a new report from the Text-book Commission on that sub-ject
adopted for an indefinite length of time. Moreover, the Text-book Com-mission
at any time, with the approval of the State Superintendent of Public
Instruction, may recommend to the State Board of Education that a given
book adopted indefinitely is unsatisfactory or may be greatly improved by
the adoption of a new book or books.
In the event that a change of text-books contracted for for an indefinite
length of time is deemed necessary by the State Board of Education or by
the Text-book Commission, the publisher shall be given at least three months
notice prior to the first of May, and at the expiration of which time the
State Board of Education is authorized to adopt from a list submitted by the
Text-book Commission a new book or books on said subject. Moreover, the
publisher of any text-book desiring to end a contract that has been extended
indefinitely shall give the State Board of Education at least three months
notice prior to the first day of May. In either event, when it becomes
necessary to substitute a new book for an old one on the adopted list, the
State Board of Education shall call for new recommendations from the Text-book
Commission on that book and proceed as in the first instance.
C. S. (Ill), 5731.
Sec. 322. Classification of text-books. The text-books in use in the public
schools are hereby divided into two classes: (1) major subjects, which
include readers, arithmetics, language and grammar, history and geography
;
and (2) all other books on all other subjects shall be considered as minor
subjects.
C. S. (Ill), 5732.
36
Sec. 323. Basal and supplementary books. That all text-books to be
adopted by the State Board of Education shall be basal books or supplemen-tary
books necessary to complete the course of study.
C. S. (Ill), 5733; 1933, c. 464, s. 2.
Sec. 324. Adoption of supplementary books. The State Board of Educa-
Hon is hereby authorized to select and adopt all supplementary books and
instructional material necessary to complete the course of study for all
schools. Such supplementary books shall neither displace or (nor) be used
to the exclusion of basal books.
C. S. (Ill), 5734; 1933, c. 464, s. 3.
Sec. 325. The Text-Book Commission. The Governor and the Superin-tendent
of Public Instruction shall appoint a Text-book Commission composed
of seven members to be selected from among the teachers, supervisors,
principals, and superintendents actually engaged in school work in the State,
to serve for five years or untii their successors are appointed and qualified,
and the Governor and Superintendent of Public Instruction shall have au-thority
to fill any vacancy that may occur in the Text-book Commission, or
to remove for sufficient cause any member of the Commission.
C. S. (Ill), 5735.
Sec 326. Organization of commission. Immediately after the appoint-ment
of the Text-book Commission the Superintendent of Public Instruction
shall cause said Text-book Commission to meet in his office and organize by
electing a chairman and secretary, and shall adopt such rules and regula-tions
to govern their work as may be deemed necessary, subject to the
approval of the State Superintendent of Public Instruction. The work of
the Text-book Commission shall then be apportioned among the members,
and the rules and regulations governing its work shall be published in the
daily papers, and a copy shall be sent to all publishers that may submit bids
and samples of books for adoption.
The several members of the Text-book Commission may work independ-ently,
seeking information from every legitimate source, but if the members
of the Text-book Commission receive information from representatives of
book companies they shall keep a record of each such visit and the purpose
of the visit.
C. S. (Ill), 5736.
Sec 327. Compensation of commission. Each member of the Text-book
Commission shall be paid out of any funds under the control of the State
Board of Education upon the approval of the budget bureau, on the requisi-tion
of the Superintendent of Public Instruction, two hundred dollars ($200)
for services, and, in addition, the necessary traveling expenses authorized
by the Superintendent of Public Instruction. Provided, that the chairman
of this Commission shall be paid two hundred and twenty-five dollars ($225).
The members so appointed shall serve for a period of five years, or until
their successors are appointed, and shall be subject to the call of the State
Board of Education at any time during their term of service : Provided
further, that for any service rendered more than one year after appointment
each member shall be paid a per diem of five dollars ($5) and necessary
traveling expenses.
C. S. (Ill), 5737.
37
Sec. 328. Duties of commission. The Text-book Commission shall first
prepare, subject to the approval of the Superintendent of Public Instruction,
and publish at the expense of the State, an outline course of study setting
forth what subjects shall be taught in each of the elementary grades. It
shall give in outline the number of basal and supplementary books on each
subject to be used in each grade in accordance with the law. All text-books
which are to be adopted by the State Board of Education shall be basal books
or supplementary books.
After the outline course of study has been prepared and published, the
Text-book Commission shall then prepare a multiple list of basal books to be
submitted to the State Board of Education. The multiple list shall contain,
not less than four nor more than eight books or series of books on all subjects
for each grade.
On or before February first, one thousand nine hundred and twenty-two,
the chairman of the Text-book Commission shall submit to the Superin-tendent
of Public Instruction a report setting forth the multiple list of
books that have been selected in conformity with the outline course of study.
No book shall be included in the multiple list that a majority of the Text-book
Commission deems unsuitable, or that does not conform to the outline
course of study.
The Text-book Commission shall report whether any of the major sub-jects
containing a series of books may be divided, taking one part from one
series and another part from another series of books on the same subject,
and the Commission's report in this respect shall be binding on the State
Board of Education.
C. S. (Ill), 5738; 1933, c. 464, s. 4.
Sec. 329. State Board of Education makes all contracts. The State Board
of Education shall make all needful rules and regulations governing the
advertisement for bids, when and how prices shall be submitted, when
and how sample books for adoption shall be submitted, the nature of the
contract to be entered into between the State Board of Education and the
publishers, the nature and kind of bond, if any is necessary, and all other
needful rules and regulations governing the adoption of books for all public
schools not otherwise specified in this Act. After a contract has been
entered into between the State Board of Education and the publisher, if the
publisher shall fail to keep its contract as to prices, distribution of books,
etc., the Attorney-General shall bring suit against said company, when
requested by the State Board of Education, for such amount as may be
sufficient to enforce the contract or to compensate the State because of the
loss sustained by a failure to keep this contract.
- C. S. (Ill), 5739; 1933, c. 464, s. 5.
Sec. 329(a). That the said Board of Education be and it is hereby
authorized and empowered in its discretion to purchase and/or acquire a
manuscript or manuscripts for school text-books or supplementary books used
or to be used in any or all grades of the public schools of North Carolina and
to procure the printing and publishing of such books under contract through
competitive bids or otherwise as it may in its discretion determine to be for
the best interest of the public schools of the State; and if said Board of
Education finds that by the acquisition of any such manuscript or manu-scripts,
and that by the making of any such contract for any such school
38
books, either basal or supplementary, such books can be furnished to the
public schools of the State at a price less than the same may be acquired
from publishers, then it shall be the duty of said Board of Education to
acquire such manuscripts and cause the same to be published and said books
to be distributed in accordance with such rules and regulations and under
such terms and conditions as it may deem, advisable, having due regard to
the standard of the school books so published, after taking into consideration
the substance of such books and their adaptability for use in the schools of
the State.
1933, c. 464, s. 6.
Sec. 329(b). The State Board of Education, is authorised and empowered
to make and enter into all such contracts as may be necessary to provide for
the proper distribution of text-books either through a depository or deposi-tories,
or through the State Division of Purchase and Control or other
State agency, utilizing County Boards of Education or City Boards of Trustees,
if found feasible, for local distribution, as to it may seem advisable; and
is further authorized and empowered to make all needed rules, regulations
and contracts governing the disposition, sale, and return of school books as
are not disposed of to the patrons of the schools, and to determine the nature
of the contract or contracts to be entered into between the State Board of
Education and the publisher or publishers, for the distribution of school
text-books adopted by it or in use in any of the public schools of the State.
It may also determine the nature and kind of bond, if necessary, to be given
by any depository or other agency carrying out the terms of this Act, to the
end that school text-books shall be delivered to the patrons of the schools
at the lowest possible net cost.
1933, c. 464, s. 7.
Sec. 330. Not more than one major subject to be changed in any one year.
At the expiration of the present contracts between the State Board of Edu-cation
and the publishers not more than one major and two minor subjects
shall be changed in any one year, provided satisfactory arrangements as to
prices and distribution may be made.
C. S. (Ill), 5740.
Sec 331. Publishers to register all agents or employees. Publishers sub-mitting
books for adoption shall register in the office of the State Superin-tendent
of Public Instruction all agents or other employees of any kind
authorized to represent said company in the State, and this registration list
shall be open to the public for inspection.
C. S. (Ill), 5741.
Sec 332. Contracts now in force not affected. All contracts heretofore
entered into between publishers and the State of North Carolina shall in no
wise be affected by amendments to Chapter 145, Public Laws 1921.
C. S. (Ill), 5742.
39
LAWS of 1931
AN ACT TO PROMOTE ECONOMY AND EFFICIENCY IN THE OPERA-TION
OF THE PUBLIC HIGH SCHOOLS OF THE STATE OF NORTH
CAROLINA BY PROVIDING FOR A UNIFORM ADOPTION OF HIGH
SCHOOL TEXT-BOOKS.
The General Assembly of North Carolina do enact:
Section 1. That the State Board of Education is hereby authorized to
adopt text-books for the use in all public high schools of the State, supported
in whole or in part out of public funds, and the high school text-books adopted
by the State Board of Education in accordance with the provisions of this
Act shall be used by all the public high schools of the State.
Sec. 2. That the Governor and the State Superintendent of Public Instruc-tion,
at the expiration of the present high school text-book contracts, shall
appoint a State Committee on high school text-books, consisting of five
members, five of whom are actively engaged in school work, who shall serve
for a term of five years without compensation except for reimbuursement out
of the State Treasury upon the requisition of the State Superintendent of
Public Instruction for actual expenses incurred by attendance upon meetings
of the committee that may be called by or under the direction of the State
Superintendent of Public Instruction.
Sec. 3. That it shall be the duty of the State Committee on high school
text-books to list all the high school fields of instruction in five separate
groups as nearly equal as possible in the cost of text-books. The committee
on high school text-books shall further arrange these groups in the order in
which they will be considered, and notify the State Board of Education in
its first report of this arrangement. During the first year of its term of
office, it shall be the further duty of the State Committee on high school
text-books to make a thorough examination of any and all books submitted
by any publisher in the first group of fields of instruction as arranged by
said State Committee on high school text-books, with a view of determining
whether the contents, quality and price of said books are such as to make
them suitable and desirable for use in the public high schools of the State,
and submit, not later than the first day of January, one thousand nine
hundred and thirty-four, a multiple list not exceeding three books in each
field of instruction in the first group. Not later than January first in each
succeeding year, the State Committee on high school text-books shall make a
similar report on the fields of instruction in the order fixed by it, unless it
receives a notice from the State Board of Education prior to May first in
said year that such report is not desired.
Sec. 4. That it shall be the duty of the State Board of Education to
select one book in each field of instruction from the multiple list submitted
by the State Committee on high school text-books for exclusive use in the
public high schools of the State for a period not less than five years. In
case the State Board of Education finds it impossible to make a satisfac-
40
tory contract for any one of the books on the multiple list, then it shall
notify the State Committee on high school text-books that it cannot make a
satisfactory contract for any book on the multiple list in that field of
insruction. The State Committee on high school text-books shall then
submit another multiple list in that field of instruction from which the
State Board of Education shall make an adoption. It shall be the further
duty of the State Board of Education to make an indefinite contract with
all the publishers having books in groups two, three, four, and five for a
period not less than one year nor more than five years, and these books
shall continue in use until the State Board of Education, in accordance with
the provisions of this Act, shall adopt a book for State-wide use in any given
field of instruction : Provided, that the contract shall require each publisher
to report annually to the State Board of Education the total sales of each
book in the State of North Carolina.
Sec. 5. That after a contract has been entered into between the State
Board of Education and the publisher, if the publisher shall fail to keep its
contract as to prices, distribution of books, an adequate supply of the edition
of books as adopted, etc., the Attorney-General shall bring suit against said
company when requested by the State Board of Education, for such an
amount as may be sufficient to enforce the contract or to compensate the
State because of the loss sustained by failure to keep this contract.
Sec. 6. That if the publishers of any high school text-books on the
adopted list in this State shall contract with another state, or with any
county, city or town or other municipality, or shall place its books on sale
anywhere in the United States, for or at a less price than that in its contract
with the State of North Carolina, it shall be, and is hereby made a part of
the contract of that company to furnish that book to the high schools of
this Stae at a price not to exceed that for which the book is furnished, sold,
or placed on sale in any other state, or in any such other county, city, town
or other municipality.
Sec 7. That the text-books for high school instruction adopted under the
provisions of this Act shall be for the exclusive use of the high schools of
this State when so adopted and placed upon the approved list in the manner
as set out in this Act.
Sec. 8. That this article shall become a part of the Public School Laws of
the State of North Carolina, and that any sections which conflict with sec-tions
herein are hereby repealed.
Sec 9. That this Act shall be in force and effect from and after its ratifi-cation.
Ratified this the 4th day of May, A.D. 1931.
41
AN ACT TO PREVENT THE AWARDING OF CONTRACTS BY BOARD
OR OFFICERS OF COUNTEES, CITIES, TOWNS, OR OTHER SUB-DIVISIONS
OF THE STATE UNTIL COMPETITIVE BDJS ARE RE-CEIVED
THEREFOR.
The General Assembly of North Carolina do enact:
Section 1. That no contract for construction or repair work, or for the
purchase of apparatus, supplies, materials or equipment, involving the
expenditure of public money, the estimated cost of which amounts to or
exceeds one thousand ($1,000) dollars, except in cases of special emergency
involving the health or safety of the people or their property, shall be
awarded by any Board or Governing Body of any County, City, Town or
other subdivision of the State, unless proposals for the same shall have
been invited by advertisement once in at least one newspaper having gen-eral
circulation in the County, City, Town or other subdivision, the publi-cation
to be at least one week before the time specified for the opening of
said proposals : Provided, if there is no newspaper published in the County
and the estimated cost of the contract is less than two thousand ($2,000)
dollars, such advertisement may be either published in some newspaper
as required herein or posted at the courthouse door not later than one
week before the opening of the proposals in answer thereto, and in the
case of a City, Town or other subdivision wherein there is no newspaper
published and the estimated cost of the contract is less than two thousand
($2,000) dollars, such advertisement may be either published in some
newspaper as required herein or posted at the courthouse door of the
County in which such City, Town or other subdivision is situated and at
least one public place in such City, Town or other subdivision. Such adver-tisement
shall state the time and place where plans and specifications of
proposed work, or complete description of apparatus, supplies, materials
or equipment may be had and the time and place for opening the pro-posals
in answer to such advertisement, and shall reserve to said Board
or Governing Body the right to reject any or all such proposals. All such
proposals shall be opened in public, shall be recorded on the minutes of
the Board or Governing Body and the award, if any be made, shall be
made to the lowest responsible bidder, taking into consideration quality
and the time specified in the proposal for performance of the contract. Each
proposal shall be accompanied by a deposit with the Board or Governing
Body of cash or a certified check on some bank or trust company organized
under the laws of this State, of an amount equal to not less than two per
centum (2%) of the proposal; said deposit to be retained in the event of
failure of the successful bidder to execute the contract within ten days after
the award or to give satisfactory surety as required herein. All contracts
required herein shall be executed in writing, and where the amount involved
is two thousand ($2,000) dollars or more, the Board or Governing Body shall
require the person, firm or corporation to whom the award of contract is
made to furnish bond in some surety company authorized to do business in
this State to require a deposit of money, certified check or Government securi-ties,
for the full amount of said contract for the faithful performance of the
terms of said contract, and no such contract shall be altered except by
written agreement of the contractor, the sureties on his bond, and the Board
or Governing Body. Such surety bond or other securities as required herein
42
shall be deposited with the Treasurer of the unit until the contract has been
carried out in all respects.
Sec. 2. That all contracts for construction or repair work or for the
purchase of apparatus, supplies, materials or equipment made by any
officer, department, board, or commission of any County, City, Town or other
subdivision of this State, except as otherwise required by this Act when
practical, and involving expenditure of public money of two hundred ($200)
dollars or more shall be awarded to the lowest responsible bidder after infor-mal
bids have been secured, and it shall be the duty of such officer, depart-ment,
board or commission to keep a record of all bids submitted, such record
to be subject to public inspection at any time.
Sec. 3. That no bill or contract shall be divided for the purpose of evad-ing
any provisions of this Act.
Sec. 4. This Act shall be administered subject to all the provisions of
the Local Government Act passed at this session of the General Assembly,
and nothing herein contained shall be construed as in anywise repealing,
amending or affecting any of the provisions of said Local Government Act.
Sec. 5. That all laws or clauses of laws in conflict with the provisions of
this Act shall be and the same are hereby repealed.
Sec. 6. That this Act shall be in force and effect from and after July
first, one thousand nine hundred and thirty-one.
Ratified this the 1st day of May, A.D. 1931.
VACANCIES IN OFFICE OF COUNTY BOARD OF EDUCATION
5416. Vacancies in office. All vacancies in the membership of the Board
of Education in such counties by death, resignation, or otherwise shall be
filled by the action of the County Executive Committee of the political party
of the member causing such vacancy until the meeting of the next regular ses-sion
of the General Assembly, and then for the residue of the unexpired term
by that body. If the vacancy to be filled by the General Assembly in such
cases shall have occurred before the primary or convention held in such
County, then and in that event, nominations for such vacancies shall be
made in the manner hereinbefore set out, and such vacancy shall be filled
from the candidates nominated to fill such vacancy by the party primaries or
convention of such County. All vacancies that are not filled by the County
Executive Committee under the authority herein contained within thirty days
from the occurrence of such vacancies shall be filled by appointment by the
State Board of Education. (C. S. 5408.)
1923, c. 136, s. 16; 1931, c 380, ss. 1, 2.
43
MENTAL INCAPACITY AN EXCUSE FOR NON-ATTENDANCE
Sec. 348. State Board of Education to make rules and regulations;
method of enforcement. It shall be the duty of the State Board of Edu-cation
to formulate such rules and regulations as may be necessary for
the proper enforcement of the provisions of this article. The Board shall
prescribe what shall constitute truancy, what causes may constitute legiti-mate
excuses for temporary non-attendance due to physical or mental inability
to attend, and under what circumstances teachers, principals, or superin-tendents
may excuse pupils for non-attendance due to immediate demands
of the farm or the home in certain seasons of the year in the several sections
of the State. It shall be the duty of all school officials to carry out such
instructions from the State Board of Education, and any school official failing
to carry out such instructions shall be guilty of a misedemeanor. Provided,
that the preceding section shall not be in force in any City or County that
has a higher compulsory attendance law now in force than that provided
herein ; but in any such case it shall be the duty of the State Board of Educa-tion
to investigate the same and decide that any such law now in force has a
higher compulsory attendance feature than that provided by this article
:
Provided, that wherever any district is without adequate buildings for the
proper enforcement of this article, the County Boards of Education may be
allowed not more than two years from July the first, one thousand nine hun-dred
and nineteen, to make full and ample provision in every district.
Mental incapacity shall be an excuse for non-attendance, and is inter-preted
to mean feeble-mindedness or such nervous disorder as to make it
either impossible for such child to profit by instruction given in the school
or impracticable for the teacher properly to instruct the normal pupils of
the school. In the case of feeble-minded children the teacher shall designate
the same in her reports to the County Superintendent of Public Welfare, and
it shall be his duty to report all such cases to the State Board of Charities
and Public Welfare. Whereupon said Board shall make, or cause to be made,
an examination to ascertain the mental incapacity of said child and report
the same to the County or City Superintendent involved. Upon receipt of
said report the local school authorities are hereby authorized, under such
limitations and rules as the State Board of Education may adopt, to exclude
said child from the public sclwol when it is ascertained that the child cannot
benefit by said instruction and his presence becomes a source of disturbance
to the rest of the children. In all such cases in which a child is excluded
from school a complete record of the whole transaction shall be filed in the
office of the County or City Superintendent and kept as a public record.
C. S. (Ill), 5758; 1931, c. 453, s. 1. 194 N. C, 620.
44
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